GOVERNMENT OF THE DISTRICT OF COLUMBIA 

District Department of the Environment 

Office of the Director 

Shawn M. Garvin 

Regional Administrator 

U.S. Environmental Protection Agency 

Region III (Mail Code: 3RAOO) 

1650 Arch Street 

Philadelphia, PA 19103-2029 

*** 

March 15, 2012 

Subject: Submittal of the District of Columbia's Volatile Organic Compounds Emissions 

Reductions Regulations as a SIP Revision 

De )~ 

Pursuant to the authority set forth in the District of Columbia Air Pollution Control Act of 1984 

("the Act"), Mayor's Order 98-44, dated April10, 1998, and Mayor's Order 2006-61, dated June 

14, 2006, the District of Columbia is hereby requesting approval of its State Implementation Plan 

(SIP) revision pertaining to amendments to Chapter 7 ofTitle 20 (Environment) of the District of 

Columbia Municipal Regulations (DCMR). A Notice of Final Rulemaking was posted in the 

D.C. Register on December 30,2011, at 58 DCR 011286 (D.C. Register ID 1864066). 

The following are attached: 

• One paper copy of the Chapters 1 and 7 revisions; 

• The public hearing notice; 

• The hearing officer's certification; and 

• One disk containing an electronic version of the entire SIP revision. The electronic 

version includes an exact duplicate ofthe paper copy of the SIP revision submittal as well 

as an additional data file supporting the submittal. The additional data file is a 

compilation of changes, referred to as a "Technical Support Document" (i.e., record of 

proposed rulemaking preambles and response to comments documents). 

Sp~cifically, I request that the following portions of Chapters 1 and 7 be approved as a SIP 

rev1s10n: 

Section 100.4- amendment thereof; 

Section 199 -remove specific definitions from Chapter 1 SIP and replace one definition 

in the SIP; 

Section 700- amendment thereof; 

Section 707 -remove from SIP; 

Section 708- remove from SIP; 

Section 710- entirely replace current section with revised section in SIP; 

Section 714- add section to SIP; 

Section 715- entirely replace current section with revised section in SIP; 

Section 716- entirely replace current section with revised section in SIP; 

DISTRICT ' ....,_~ g'"nfo.-wonl 

DEPARTMENT 

Of THE 

ENVlRONMENT 1200 First St. NE, 5th Floor, Washington, DC 20002 1 tel: 202.535.2600 I web:ddoe.dc.gov 
Sections 719 to 737- entirely replace current sections with revised sections in SIP; 

Sections 738 to 742- remove from SIP; 

Sections 743 to 749- entirely replace current sections with revised sections in SIP; 

Section 750- remove from SIP; 

Sections 751 to 758- entirely replace current sections with revised sections 751 to 754 

and add sections 755 to 758 to SIP; 

Sections 763 to 769- add sections to SIP; 

Sections 770 -add section to SIP; 

Section 771 - add section to SIP; 

Sections 773 to 778 -add sections to SIP; 

Section 799- entirely replace current section with revised section in SIP; 

Appendix 7-1 -remove from SIP. 

Please note that the current provisions of sections 734 through 754 were proposed anew and have 

been re-codified. 

These are the only portions of the rulemaking that the District of Columbia is requesting be 

considered part of this SIP revision to address the Clean Air Act's requirements to reduce 

ground-level ozone levels, including precursor emissions ofVOCs. 

Should you have any questions or require additional information, please contact me at (202) 535-

2615, or Ms. Cecily Beall, Associate Director for the Air Quality Division, at (202) 535-2626 . 

._-~j A.G. Tulou ~ 

Enclosure 

cc: Diana Esher, Director, Air Protection Division, EPA Region 3 

Cecily Beall, Associate Director, Air Quality Division, DDOE 
GOVERNMENT OF THE DISTRICT OF COLUMBIA 

District Department of the Environment 

Office of the Director 

March 24, 2011 

Mr. Shawn M. Garvin 

Regional Administrator, Region 3 

U.S Environmental Protection Agency 

Mail Code 3RAOO 

1650 Arch Street 

Philadelphia, PA 19103 

Subject: Negative Declaration 

Dear~.9o,J-V 

*** 

This submits a negative declaration for the following categories of sources of volatile organic 

compounds (VOCs) for which EPA issued a control technique guideline (CTG) document in 

calendar years 2006, 2007 and 2008: 

• Auto and light-duty truck assembly coatings; 

• Fiberglass boat manufacturing materials; 

• Paper, film and foil coatings; and 

• Flatwood paneling. 

This negative declaration is being submitted to fulfill the requirement that, in the absence of 

sources in these source categories, the District of Columbia revise its State hnplementation Plan 

(SIP) or submit a negative declaration for these categories pursuant to Section 182(b )(2)(A) of 

the Clean Air Act. 

The District of Columbia provided the public with a 30-day period to comment from August 13, 

2010, to September 13,2010, and held a public hearing on September 13,2010, for this negative 

declaration. The following documents are enclosed: 

• Two copies of the Negative Declarations 

• D. C. Register Notice of Public Hearing 

• Copy of the affidavit of publication 

• Copy of the hearing officer's certification 

A revised regulation on VOCs was proposed at the same time as the negative declaration. The 

original affidavit and hearing officer's certification will be submitted with the final VOC 

rulemaking. No public comments were received on the negative declaration. 

>IS rRIC'l ' D l-: 1>, \ R l ',\ 11· .. "'\(l" 

>!:TilE I '-. \ '"I R< l'.,\11 , -r· 

1200 First Street, NE, 5th Fl., Washington, DC 20002 • Phone: (202) 535-2600; Facsimile: (202) 535-2881 
Pursuant to the requirements of Section 110 of the Clean Air Act, we are officially requesting 

that EPA take any action necessary to amend the District of Columbia's SIP to reflect this quasiregulatory or non-regulatory amendment to 40 CFR Part 52, subpart J (40 CFR 52.470 to 

52.515). 

If you have any questions or need additional information, please contact Ms. Cecily Beall at 

(202) .5 -2626 or cecily.beall@dc.Qo 

Cc: Diana Esher, Director, Air Protection Division, EPA Region 3 

Cecily Beall, Associate Director, Air Quality Division, DDOE 
GOVERNMENT OF THE DISTRICT OF COLUMBIA 

District Department of the Environment 

Office of the Director 

Mr. Shawn M. Garvin 

Regional Administrator, Region 3 

U.S Environmental Protection Agency 

Mail Code 3RAOO 

1650 Arch Street 

Philadelphia, PA 19103 

*** 

Subject: Negative Declarations for Four CTG Categories: Auto and Light-Duty Truck Assembly 

Coatings; Fiberglass Boat Manufacturing Materials; Paper, Film and Foil Coatings; and 

Flatwood Paneling 

Dear Mr. Garvin: 

Pursuant to the requirements of the State Implementation Plans, General Preamble for the Implementation 

ofTitle I ofthe Clean Air Act Amendments of 1990 (57 FR 13498, April 16, 1992), the District 

Department of the Environment (DDOE) is officially certifying that there are no sources located in the 

District of Columbia subject to the reasonably available control technology (RACT) control techniques 

guidelines (CTGs) for the following source categories: ( 1) auto and light-duty truck assembly coatings; 

(2) fiberglass boat manufacturing materials; (3) paper, film and foil coatings; and (4) tlatwood paneling. 

In view of the above, the District of Columbia will not be adopting the CTG RACT regulations for four 

source categories as would otherwise be required by § 182(b )(2)(A) of the Clean Air Act. 

The District is in nonattainment of the national ambient air quality standards (NAAQS) for ground-level 

ozone. Volatile organic compounds (VOCs) are precursors to ozone. Pursuant to§ 183(e)(3)(C) of the 

Clean Air Act, EPA has determined that CTGs are substantially as effective as national regulations in 

reducing emissions of VOCs in ozone nonattainment areas from Group II, III and IV product categories 

(October 7, 2008, 73 FR 58481), which include these four source categories. 

In order to identify sources in the District of Columbia potentially subject to regulations based upon the 

CTGs, databases such as the U.S. Census Bureau's County Business Patterns and Dun & Bradstreet were 

queried using the North American Industry Classification System (NAICS) codes provided in the Federal 

Register notice for the subject CTGs. Business addresses were identified for several source categories, 

and staff inspected locations to ensure that CTG-related activities were not taking place. The Air Quality 

Division's Permitting and Enforcement Branch staff was solicited for knowledge of sources. As a result, 

no sources potentially affected by the four CTGs in the District of Columbia were identified. 

If you have any questions or need additional information, please contact Ms. Cecily Beall at (202) 535-

2626 or cecily.beall@dc.gov. 

fiflly, ry}j(2 JJ ~ 

. 

Interim 

~~u~~~o~~l Director ~ 

Cc: David Arnold, Acting Director, Air Protection Division, EPA Region 3 

Cecily Beall, Associate Director, Air Quality Division, DDOE 

DISTRICT DEPARTMENT OFT! IE ENVIRONMENT 

51 N Street, NE, 5th Fl., Washington, DC 20002 Phone: (202) 535-2250 Facsimile: (202) 481-3771 
GOVERNMENT OF THE DISTRICT OF COLUMBIA 

District Department of the Environment 

Office of the Director 

Mr. Shawn M. Garvin 

Regional Administrator, Region 3 

U.S Environmental Protection Agency 

Mail Code 3RAOO 

1650 Arch Street 

Philadelphia, PA 19103 

*** 

r 

JAN 26 mJ 1 

Subject: Negative Declarations for Four CTG Categories: Auto and Light-Duty Truck Assembly 

Coatings; Fiberglass Boat Manufacturing Materials; Paper, Film and Foil Coatings; and 

Flatwood Paneling 

Dear Mr. Garvin: 

Pursuant to the requirements of the State Implementation Plans, General Preamble for the Implementation 

ofTitle I ofthe Clean Air Act Amendments of 1990 (57 FR 13498, April16, 1992), the District 

Department of the Environment (DDOE) is officially certifying that there are no sources located in the 

District of Columbia subject to the reasonably available control technology (RACT) control techniques 

guidelines (CTGs) for the following source categories: ( 1) auto and light-duty truck assembly coatings; 

(2) fiberglass boat manufacturing materials; (3) paper, film and foil coatings; and ( 4) tlatwood paneling. 

In view of the above, the District of Columbia will not be adopting the CTG RACT regulations for four 

source categories as would otherwise be required by§ 182(b)(2)(A) of the Clean Air Act. 

The District is in nonattainment of the national ambient air quality standards (NAAQS) for ground-level 

ozone. Volatile organic compounds (VOCs) are precursors to ozone. Pursuant to § 183(e)(3)(C) of the 

Clean Air Act, EPA has determined that CTGs are substantially as effective as national regulations in 

reducing emissions ofVOCs in ozone nonattainment areas from Group II, III and IV product categories 

(October 7, 2008, 73 FR 58481), which include these four source categories. 

In order to identify sources in the District of Columbia potentially subject to regulations based upon the 

CTGs, databases such as the U.S. Census Bureau's County Business Patterns and Dun & Bradstreet were 

queried using the North American Industry Classification System (NAICS) codes provided in the Federal 

Register notice for the subject CTGs. Business addresses were identified for several source categories, 

and staff inspected locations to ensure that CTG-related activities were not taking place. The Air Quality 

Division's Permitting and Enforcement Branch staff was solicited for knowledge of sources. As a result, 

no sources potentially affected by the four CTGs in the District of Columbia were identified. 

If you have any questions or need additional information, please contact Ms. Cecily Beall at (202) 535-

2626 or cecily.beall@dc.gov. 

7frt' ry)jC N ~ 

Interim 

Mau~~o:v~l Director ~ 

Cc: David Arnold, Acting Director, Air Protection Division, EPA Region 3 

Cecily Beall, Associate Director, Air Quality Division, DDOE 

DISTRICJ' DI'.PARTMP.NT OPTIIE ENVIRON.\IENT 

51 N Street, NE, 5th Fl., Washington, DC 20002 Phone: (202) 535-2250 Facsimile: (202) 481-3771 
DISTRICT OF COLUMBIA REGISTER VOL. 57 • NO. 33 AUGUST 13 2010 

DISTRICT DEPARTMENT OF THE ENVIRONMENT 

NOTICE OF PUBLIC HEARING ON AIR QUALITY ISSUES 

Proposed Rulemaking on Volatile Organic Chemicals (VOCs) 

Notice is hereby given that a public hearing will be held on Monday, September 13, at 6:00p.m. 

in Room 512 at 1200 First Street, N.E., 5th Floor, in Washington, D.C. This hearing provides 

interested parties an opportunity to comment on the District's proposed rulemaking on Volatile 

Organic Compounds (VOCs) and negative declaration for four CTG categories. 

The District has revised Title 20 (Environment) of the District of Columbia Municipal 

Regulations (DCMR), Subtitle A, Air Quality, Chapter 7, sections 700, 707, 708, 710, 714 

through 717, 719 through 778, and 799. The proposed regulations are necessary to further reduce 

volatile organic compound (VOC) emissions in the District. VOCs are precursors to ground-level 

ozone, a principal component of smog that is formed in the atmosphere in the presence of 

sunlight. Ground-level ozone is a criteria pollutant under the federal Clean Air Act (CAA). The 

Washington metropolitan area, which includes the District, is in nonattainment of the National 

Ambient Air Quality Standards (NAAQS) for eight-hour ground-level ozone. Therefore, the 

District is required to adopt measures to reduce ozone levels, including precursor emissions of 

VOCs. 

The proposed regulations incorporate Phase II amendments to model rules designed to reduce 

ozone in the eastern United States and promulgated by the Ozone Transport Commission (OTC), 

an entity created by the federal Clean Air Act (42 U.S.C. 7506a). Since VOCs are precursors to 

ozone, all members of the OTC (Virginia, the District of Columbia, Maryland, Pennsylvania, 

Delaware, New Jersey, New York, Connecticut, Massachusetts, Rhode Island, Vermont, New 

Hampshire, and Maine) have drafted similar rules as part of a regional strategy to attain and 

maintain the eight-hour ozone NAAQS. 

In addition to incorporating the OTC model rules, this proposed rulemaking adopts the 

requirements of several control techniques guidelines (CTGs) published by EPA. In accordance 

with sections 182(b)(2)(A) and 183(e) of the Clean Air Act (CAA), CTGs contain reasonably 

available control technology (RACT) level controls for specified product categories. The 

categories addressed in this rulemaking are: flexible packaging and printing (§§ 710, 770 and 

771); large appliance coatings, metal furniture coatings, and miscellaneous metal products and 

plastic parts coatings (§714); lithographic and letterpress printing (§716); miscellaneous 

industrial adhesives(§§ 743 to 749); and industrial cleaning solvents(§§ 770 and 771). 

The District is also submitting a negative declaration (a letter of certification) for the four 

remaining CTG categories because no sources in the District were identified: flatwood paneling; 

paper, film, and foil coatings; auto and light-duty truck assembly coatings; and fiberglass boat 

manufacturing. 

The proposed regulation and negative declaration are available for public review during normal 

business hours at the offices ofthe District Department of the Environment (DDOE), 1200 First 

007200 
DISTRICT OF COLUMBIA REGISTER VOL. 57 - NO. 33 AUGUST 13 2010 

Street, NE, Washington, D.C. 20002, and on-line at http://ddoe.dc.gov/ddoe. A hard copy of each 

is also available for review at the Martin Luther King Jr. Memorial Library at 901 G Street, NW, 

Washington, DC 20001-4531. 

Interested parties wishing to testify at this hearing must submit in writing their names, addresses, 

telephone numbers, and affiliation, if any, to Mr. William Bolden at DDOE by 4:00 p.m. on 

September 13, 2010. Interested parties may also submit written comments to Ms. Cecily Beall, 

DDOE Air Quality Division, at 1200 First Street, NE, 51

h Floor, Washington, DC 20002, or 

submit comment to her by email at cecily.beall@dc.gov. No written or email comments will be 

accepted after September 13, 2010. For more information, call Ms. Jessica Daniels at 202-741-

0862 or email her at jessica.daniels@dc.gov. 

007201 
AFFIDAVIT OF PUBLICATION 

DISTRICT OF COLUMBIA, ss, 

Personally appeared before me, CHIZUKO CARTER, 

a Notary Public in and for the District of Columbia, 

AD# 14559739 

CARLS. JOHNSON, who is being duly sworn according to law, an oath says that he is 

an AUTHORIZED AGENT of THE WASHINGTON TIMES, L.L.C., publisher of 

DISTRICT DEPARTMENT OF THE ENVIRONMENT 

NOTICE OF PUBLIC HEARING ON 

AIR QUALITY ISSUES 

Proposed Rulema!dng on Volatile Organic Chemrcals (VOCs) 

Circulated daily, in the City of Washington, District of Columbia, 

and that the advertisement, of which the annexed is a true copy, 

NotL~e lsd hereby ~l"cn that a public hearing will b~ held on on ,BY. SeptombN ll aJ 6:00 n.m. Jn Room ill at ~200 nrs, Str~et, N.E., >th Floor, rn Washington n c This ear ng provrdcs Interested panrcs an onportt;nliy to commcont on th~ D•Slntt~r. proposed ruremaliing on Vol· atllc Organrc Compounds (VOCs) and negative d('Cia- ratron lor four Cl G cMegom~~-

was published in said newspaper _1_ time(s) on the following dates: 6he f'"F llas revised Till~ 20 (Environment) ol the ostr c o Colombra Mtnrlc:Jnal Rogulalionsc {DCMR) Subll!le "-· Air Ouolrty, Chapter 7, sections 700 101 708' 71ll. 714 thr-ough 717. 119 urrouah 778 and 799 • The ~reposed regul.ttlons arc necessary to' further reductr 'o,latrle organrc compound (\ICC) fmlsslons In tho Dis· 2010 AUGUST 12 tr ct . . VOCs c ~>rr' rrwrs to ground·lcoel 

at the rate of $ 2.91 per line 

Total Cost $ 541.26 Dollars 

·I Q____ ) t:.:/z.z_.,J-,.___ 

/ 

Subscribed and sworn to before me 

AUGUST 16, 2010 

Notary Public WA..__ ~: 

( -

My Commission expires 

prlnc~al component of smog that Is formed lno~~·;; ,." m,osp ere rn till! presence ul sunlighL Ground-level 

~·n~~A~ criteria poiiiitant urrdcr the lcdc•ral Clean Air 

1 c • The Washington metropolitan area which fc1~de1tne Dl5trlc~ Is In nonattainment of rhe Natlnn~ l m en A r Quallt~ Standards (NAAQSl lor er hl·h • . 9,'?und lcY~ I owne. Therefore. the District is rogulred~6 

~u~;, ':,~~o;,s5 ~~ ~~gi" ozone levels. Including preThe proposed r~gula!lons lncorporat~ Phase 11 amend· ments to model rules des1gncd to reduCll ozonc In the ~astern Unlt~d St~tes and prnmuloaled by lhe Ozone 

fc~~;f,o~ ComAml lssron COTC). an entity created by tire can r 4tl (Q u.s.c. 7506a). Since \IOCs are 

fh~Wsotr rs to

1 ~!one. all members or rnc ore cvirylnia. s Cl o .. olumbla, Maryland. Pennsylvania, t5eta· ware, New Jersey, New York, Conn-ectic:uc, Massar:llu- sefis. Rhode l~l~n , Vermont New t;~mpshlre and M,llne) hnve draHcd S<mllar rules liS pan Of a renional 

~JJ.W~~ to attarn and maintain the elght·hour ozo~e 

In addition t

1

o lncurpurattn9 the OTC model rule> this prorosed ru emaking adopts the requirements or 'so era control II!chnlques guidelines (CTGs) publishoo b ~:fc· ) lnf ac,ordance wlttr sectJons 162(b)(2)(A) an~ e o Ute Clean Air Aol CCAA), C1Gs COIItllln rca· f::,~•b/y av&lla~le control !e<:hnology (RACT) level con- s or spectfred pmduct c.Jtegorres. The categor'cs 

~~~lr~~~w.~· fr~~~~~tr flaxrble packagln~ a

1

nd 

met41 furnl tur.> contrngs. a'njrg~~~~/::;.~g~oa~~Y~ g~~d ui{' and Plashc pnrts coatlnY,'> (§71~); lithographic 

adJ cirv~P[~\~)'~"f ~fl6~ r;n gcell~ncous lndustrra! vrnt.s (§§ 770 and 771l. • an rn USlriiol cleaning SOl· 

rhf Ols;rict I~ also submiUrng a negatlve deciarnUort (a ct cr o certlflcauon) for the lour remaining CTG cate. Rorles bdccause no sources'" the Dlstnct were Identified· arwoo paneling; Dilj)cr. film, ond loll coati ngs· aiito 

g~t ~~:~~:!tu~~~~ J55em!Jiy coatlnos: ond fiberglass 

ThP. llrtiPCSed regulation and ne!'gLltir.'e dect11rarlon r 

avrulable for public revlc~ during normal business ho~r~ at the offices or the Dl.strrct Oopanment of the Environ· !;"Cnt (DOOEJ, 1100 frrst Street. NE, Woshln ton 0 C. .0002, and on-line ol lmll:16P,dp,~dc.~v dif'? . A. h1

ird 

copy ol each Is ilJso avarliil e or rev ew a th M Luthhe1

r King Jr. Memorial Library at 901 G Str:~t t'U.n Was ngton, DC 201)()1·45"31. • • 

~~\:'~r~ part1

1

1

cs w

1

rs11h!1ng to rcstlf>· at th15 hear1ng must ~ wn ng c r names. address.~ telephcne g~E {;.• ~:!if, affihatio~ If any, to Mr. William Bolden ar ' p.m. on.~~Pt~mbar 13, 20t0. Interested ~1l~g'ay also subm1t wrrttcn commc11ts toM>. ceclly 

0 ~ Fi OE Air Qu~ilty Dt•ls lan. a1 1200 first Street NE. bt boor, W1

ashlngroo. DC ~0002 . or submit comment to er Y ema1 cu ~UJ!!d't.tl~. No wrluen or (!mall comments y.rrll be a~e<faller Sepromber 11 2010 ~Oo~ 7m41o~~o~noformatlllohn. atll Ms. Jessica Daniels ai ' •• ~' r•mo era ltl>i~;;~. 

Ad #14559739 
GOVERNMENT OF THE DISTRICT OF COLUMBIA 

District Department of the Environment 

Air Quality Division *** 

MEMORANDUM ~ 

TO: Christophe A. G. TulouO ~ '£.a. J.. LO 

Acting Director, Distric~artment ohhe Environment 

i1V~ \ u\IJ FROM: Cecily Beall v / Ci1 \ 

Associate Director, AQD, DDOE 

DATE: September 16,2010 

SUBJECT: Hearing Officer's Certification for the Public Hearing on Proposed Revised 

Volatile Organic Compound Regulations and Proposed Negative Declarations for 

Four Control Technique Guidelines 

This is to certify that, pursuant to the attached Notice of Public Hearing published in the 

Washington Times, a hearing was held at approximately 6:00p.m. on September 13, 2010 to 

give the public the opportunity to comment on the proposed revisions to the volatile organic 

compound regulations and the proposed negative declarations for four control technique 

guidelines. 

Cecily Beall of the Department of the Environment, Air Quality Division, represented the 

District. There was one attendee, who was also a speaker. 

Testimony was provided by one person, who completed the attached speaker sign-in sheet: 

1. Joseph Yost 

Consumer Specialty Products Association 

900 1 ih Street, NW #300 

Washington, DC 20006 

~ Do~~~~-------------- 1200 I" Street, NE, .S.1h Floor, Washingt@, DC 20002 Phone: (202) 535-2250 Facsimile: ---- (202) 481-3771 
GOVERNMENT OF THE DISTRICT OF COLUMBIA 

Department of the Environment 

Environmental Protection Administration 

Air Quality Division 

SEPEMBER 13, 2010 

Public Hearing on Proposed ProposedVolatile Organic Compound Regulations and 

Negative Declarations for Four Control Technique Guidelines 

Speakers 

As of the published deadline, September 13, 2010, the Air Quality Division received one request for the opportunity to testify. Should 

there be any other persons at the public hearing interested in making presentations who had missed the filing deadline, we will allow 

up to five (5) minutes for each person to testify. All presenters please sign in below: 

NAME 

1. J_;~£Plf (osr 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

AFFILIATION (if any) 

~NSvtl.llER 9&:tf.\LT'/ ?Rouvcrr M~DC/ 4 ·n or..J 

ADDRESS 

() oo 1 "? ·ru 5'1/< EET JV .0 4¢ -3:.-:>o / / v-J AsH I f'J GT~ N ']X_ k ,10 6 
GOVERNMENT OF THE DISTRICT OF COLUMBIA 

District Department of the Environment 

Office of the Director ***


Mr. Shawn M. Garvin 

Regional Administrator, Region 3 

U.S Environmental Protection Agency
 

Mail Code 3RAOO
 

1650 Arch Street
 

Philadelphia, PA 19103
 

Subject:	 Negative Declarations for Four CTG Categories: Auto and Light-Duty Truck Assembly 

Coatings; Fiberglass Boat Manufacturing Materials; Paper, Film and Foil Coatings; and 

Flatwood Paneling 

Dear Mr. Garvin: 

Pursuant to the requirements of the State Implementation Plans, General Preamble for the Implementation 

of Title I of the Clean Air Act Amendments of 1990 (57 FR 13498, April 16, 1992), the District 

Department of the Environment (DDOE) is officially certifying that there are no sources located in the 

District of Columbia subject to the reasonably available control technology (RACT) control techniques 

guidelines (CTGs) for the following source categories: (I) auto and light-duty truck assembly coatings; 

(2) fiberglass boat manufacturing materials; (3) paper, film and foil coatings; and (4) f1atwood paneling. 

In view of the above, the District of Columbia will not be adopting the CTG RACT regulations for four
 

source categories as would otherwise be required by § I82(b)(2)(A) of the Clean Air Act.
 

The District is in nonattainment of the national ambient air quality standards (NAAQS) for ground-level 

ozone. Volatile organic compounds (VOCs) are precursors to ozone. Pursuant to § 183(e)(3)(C) of the 

Clean Air Act, EPA has determined that CTGs are substantially as effective as national regulations in 

reducing emissions ofVOCs in ozone nonattainment areas from Group II, III and IV product categories 

(October 7, 2008, 73 FR 58481), which include these four source categories. 

In order to identify sources in the District of Columbia potentially subject to regulations based upon the 

CTGs, databases such as the U.S. Census Bureau's County Business Patterns and Dun & Bradstreet were 

queried using the North American Industry Classification System (NAICS) codes provided in the Federal 

Register notice for the subject CTGs. Business addresses were identified for several source categories, 

and staff inspected locations to ensure that CTG-related activities were not taking place. The Air Quality 

Division's Permitting and Enforcement Branch staff was solicited for knowledge of sources. As a result, 

no sources potentially affected by the four CTGs in the District of Columbia were identified. 

If you have any questions or need additional information, please contact Ms. Cecily Beall at (202) 535­


2626 or cecily.beall@dc.gov.
 

0[t 'Y)j12 N ­

Interim 

Mau~~o~:l~ Director 

Cc:	 David Arnold, Acting Director, Air Protection Division, EPA Region 3
 

Cecily Beall, Associate Director, Air Quality Division, DDOE
 

51 N Street, NE, 5th Fl., Washington, DC 20002 Phone: (202) 535-2250 Facsimile: (202) 481-3771 DISTRICI'DEPARTMENT 

OFTfIE I':' 'VIRO. ~II'.. T 





1

DISTRICT DEPARTMENT OF THE ENVIRONMENT

Volatile Organic Compound Emissions Reduction

TITLE 20 DCMR (ENVIRONMENT), SUBTITLE A (AIR QUALITY), CHAPTER 1, 

GENERAL RULES, SUBSECTION 100.4 is amended as follows:

100.4 The English system of measurement shall be the official system of measurement 

under this subtitle, unless specified otherwise.

TITLE 20 DCMR (ENVIRONMENT), SUBTITLE A (AIR QUALITY), CHAPTER 1, 

GENERAL RULES, SECTION 199, is amended as follows:

199 DEFINITIONS AND ABBREVIATIONS

“Control technique guideline” is repealed.

“Cylinder-wipe” is repealed.

“Gravure” is repealed.

“Heatset” is repealed.

“Inking cylinder” is repealed.

“Intaglio” is repealed.

“Letterpress” is repealed.

“Letterset” is repealed.

“Offset printing process” is repealed.

“Paper-wipe” is repealed.

“Photochemically reactive solvent” is repealed.

“Plate” is repealed.

“Printing” is repealed.

“Printing operation” is repealed.

“Printing unit” is repealed.

“Volatile organic compounds” is repealed and replaced with:

Volatile organic compound (VOC) – any compound of carbon, other than those organic 

compounds that are defined in 40 CFR Part 51 (40 C.F.R. § 51.100). 

“Water-based solvent” is repealed.

“Wipe cleaning” is repealed.

TITLE 20 DCMR (ENVIRONMENT), SUBTITLE A (AIR QUALITY) CHAPTER 7, 

VOLATILE ORGANIC COMPOUNDS, SECTIONS 700, 707, 708, 710, 714 through 717, 

719 through 778, and 799 are amended as follows:

700 ORGANIC SOLVENTS is repealed and replaced with: 

700 MISCELLANEOUS VOLATILE ORGANIC COMPOUNDS (VOCs) 
2

700.1 Unless otherwise specified, sources subject to subsequent sections of this chapter 

shall not be subject to § 700.

700.2 No person shall discharge into the atmosphere more than fifteen (15) pounds of 

volatile organic compound (VOC) emissions in any one (1) day, nor more than 

three pounds (3 lb.) in any one (1) hour, from any combination of articles, 

machines, units, equipment, or other contrivances at a facility, unless the 

uncontrolled VOC emissions are reduced by at least ninety percent (90%) overall 

capture and control efficiency.

707 PERCHLOROETHYLENE DRY CLEANING is repealed.

708 SOLVENT CLEANING (DEGREASING) is repealed. and replaced with:

708 NONPHOTOCHEMICALLY REACTIVE SOLVENTS

708.1 Unless otherwise specified, sources subject to subsequent sections of this chapter 

shall not be subject to § 708.

708.2 No person shall discharge into the atmosphere more than forty pounds (40 lb.) of 

nonphotochemically reactive solvents in any one (1) day, nor more than eight 

pounds (8 lb.) in any one (1) hour, from any article, machine, equipment, or other 

contrivance, unless the uncontrolled organic emissions are reduced by at least 

eighty-five percent (85%).

710 INTAGLIO, FLEXOGRAPHIC, AND ROTOGRAVURE PRINTING is 

amended to read as follows:

710.1 Except as provided in § 710.2, it shall be prohibited to operate:

(a) Any intaglio printing unit or perform any intaglio printing operation, 

except in compliance with the requirements of this section; or

(b) After January 1, 2012, any individual flexographic or rotogravure package 

printing press with the theoretical potential to emit from the dryer before 

controls of at least twenty-five tons per year (25 tpy) of VOC from inks, 

coatings and adhesives combined, except in compliance with the 

applicable requirements of this section, where any flexographic or 

rotogravure package printing press that becomes or is currently subject to 

§ 710.1(b) will remain subject to the applicable requirements of this 

section even if its theoretical potential to emit has fallen or later falls 

below the applicability threshold.

710.2 If part or all of any printing operation involving VOC emissions is not specifically 

controlled by the requirements of this section, then the VOC-related emission 
3

operation or part of the operation shall be governed by the other requirements of 

this subtitle.

710.3 This section shall apply only to the emissions of VOCs; all provisions of this 

subtitle other than those restricting the emissions of VOCs apply to the operations 

regulated by this section.

710.4 The use of inks, wiping solutions, and fountain solutions in 

connection with printing units shall comply with the limits on the percentage 

content of VOCs of the inks, wiping solutions and fountain solutions for the 

respective types of printing units and be subject to § 710.5 through 710.8.

710.5 The VOC content of ink shall not exceed the following percentages after 

December 31, 1987:

(a) Heatset intaglio, thirty percent (30%);

(b) Non-heatset paper-wipe intaglio, five percent (5%);

(c) Non-heatset cylinder-wipe intaglio, twelve percent (12%);

(d) Flexography, sixty-five percent (65%), except for any individual 

flexographic package printing press with the theoretical potential to emit 

from the dryer prior to controls of at least twenty-five tons per year (25 

tpy) of VOC (petroleum ink oil) from inks, coatings, and adhesives 

combined, which are subject to the following:

(1) Sixty-five percent (65%) overall control for a press that was first 

installed before March 14, 1995, and that is controlled by an addon air pollution control device (APCD) whose first installation was 

before January 1, 2012; 

(2) Seventy percent (70%) overall control for a press that was first 

installed before March 14, 1995, and that is controlled by an addon APCD whose first installation was on or after January 1, 2012; 

(3) Seventy-five percent (75%) overall control for a press that was first 

installed on or after March 14, 1995, and that is controlled by an 

add-on APCD whose first installation was before January 1, 2012; 

and

(4) Eighty percent (80%) overall control for a press that was first 

installed on or after March 14, 1995, and that is controlled by an 

add-on APCD whose first installation was on or after January 1, 

2012; and
4

(e) Gravure, twelve percent (12%), except for any individual rotogravure 

package printing press with the theoretical potential to emit from the dryer 

before controls of at least twenty-five tons per year (25 tpy) of VOC 

(petroleum ink oil) from inks, coatings, and adhesives combined, which 

are subject to the following:

(1) Sixty-five percent (65%) overall control for a press that was first 

installed before March 14, 1995, and that is controlled by an addon APCD whose first installation was before January 1, 2012; 

(2) Seventy percent (70%) overall control for a press that was first 

installed before March 14, 1995, and that is controlled by an addon APCD whose first installation was on or after January 1, 2012; 

(3) Seventy-five percent (75%) overall control for a press that was first 

installed on or after March 14, 1995, and that is controlled by an 

add-on APCD whose first installation was before January 1, 2012; 

and

(4) Eighty percent (80%) overall control for a press that was first 

installed on or after March 14, 1995, and that is controlled by an 

add-on APCD whose first installation was on or after January 1, 

2012.

710.6 For § 710.5(d)(1)-(4) and (e)(1)-(4), calculation of the source’s theoretical 

potential to emit shall be pursuant to § 715.1.

710.7 As an alternative to § 710.5(d)(1)-(4) and (e)(1)-(4), the following equivalent 

VOC content limits can be met:

(a) Eight tenths of a kilogram (0.8 kg) VOC/kilogram (kg) solids applied; or

(b) Sixteen tenths of a kilogram (0.16 kg) VOC/kilogram (kg) materials 

applied.

710.8 The VOC content of wiping solution shall not exceed the following percentages 

after December 31, 1987:

(a) Heatset intaglio, one percent (1%); and

(b) Non-heatset cylinder-wipe intaglio, one percent (1%).

710.9 For § 710.5 through 710.8:
5

(a) The percentage VOC content is by weight and applies to the inks and 

solutions as contained in the storage wells (fountains) of the printing unit, 

and does not include water;

(b) The percentage VOC content shall be determined in accordance with 

Procedure B of test method ASTM D-2369-81; where, in lieu of testing 

the formulated inks and solutions, the individual components of the 

formulations may be tested and the VOC content of the formulations may 

be calculated there from; and

(c) The percentage water content shall be determined in accordance with test 

method ASTM D-3792-79.

710.10 Ink usage in connection with all forms of intaglio printing shall be minimized to 

the extent feasible by routing the inking cylinders or other techniques.

710.11 Alternate VOC emission reduction systems may be used to attain compliance with 

§ 710.5 through 710.8 in place of the specific requirements stated in those 

sections provided that:

(a) The alternate VOC reduction system(s) is demonstrated to have at least 

equivalent results in limiting emissions of VOCs as would the application 

of the requirements of those sections; and

(b) The alternate system(s) shall be approved by the Department.

710.12 All containers holding or conveying VOC-containing materials shall be open only 

when necessary and openings shall be restricted to the extent feasible.

710.13 The leaking of any solvent or solvent-containing materials from any printing unit 

or associated equipment shall be prohibited.

710.14 The storage or disposal of any solvent or solvent-containing material, including 

waste material, in a manner that will cause or allow its evaporation into the 

atmosphere shall be prohibited.

710.15 To the greatest extent feasible, persons operating printing units and associated 

equipment shall minimize their use of VOC-containing materials by restricting 

wasteful usage and by replacing the material with emulsions or other materials.

710.16 For establishments to which § 710.5 through 710.8 apply, but within which one 

(1) or more printing units is demonstrated to be unable to comply or cannot 

feasibly comply, any person owning or operating the establishment may bring it 

into compliance by reducing VOC emissions from other printing units within the 

establishment as follows:
6

(a) In a ratio of five (5) units of reduced emissions for each one (1) unit of 

excess emissions for operations during the months of April, May, June, 

July, August, and September;

(b) In a ratio of one (1) unit of reduced emissions for each one (1) unit of 

excess emissions for operations during the months of October, November, 

December, January, February and March; and

(c) Provided, that:

(1) The owner or operator demonstrates to the Department that the 

reduction ratio is met by the proposed trade;

(2) The Department approves the proposed trade; and

(3) The proposed trade is legally enforceable against the owner and 

operator of the establishment.

APPENDIX 7-1 is repealed.

714 CONTROLS AND PROHIBITIONS ON GASOLINE VOLATILITY is 

repealed and replaced with:

714 CONTROL TECHNIQUES GUIDELINES (CTGs)

714.1 Any person who owns, operates, or leases any combination of articles, machines, 

units, equipment, or other contrivances at a facility whose actual VOC emissions 

before control devices from all units within any one (1) Control Techniques 

Guidelines (CTGs) category specified in § 714.3 are:

(a) More than fifteen pounds (15 lbs) in any one (1) day, or more than three 

pounds (3 lbs) in any one (1) hour, shall be subject to the provisions of this 

section through §714.8(a) and shall reduce the uncontrolled VOC emissions 

by at least ninety percent (90%) overall capture and control efficiency; or

(b) Less than fifteen pounds (15 lbs) in any one (1) day, and less than three 

pounds (3 lb.) in any one (1) hour, shall be subject to § 714.8(b).

714.2 Any facility that becomes or is currently subject to the provisions of this section 

by exceeding the applicability threshold in § 714.1(a) will remain subject to these 

provisions even if its throughput or emissions have fallen or later fall below the 

applicability threshold.

714.3 The following source categories covered by a CTG issued by the EPA in the 

Federal Register in a final rule or in a notice of final determination and availability 

of a final CTG are subject to this section:
7

(a) Miscellaneous Metal Product and Plastic Parts Surface Coatings, where, 

for the purposes of this section, a source performs surface coating of 

miscellaneous metal and plastic parts at a manufacturing facility or on a 

contract basis, except:

(1) VOC emissions addressed by § 718 (MERR), to the extent the 

coatings are used to repair and refinish mobile equipment or mobile 

equipment components; and

(2) VOC emissions addressed by §§ 773 to 778 (AIM), to the extent the 

coatings are used on buildings or structures for architectural and 

industrial maintenance purposes;

(b) Large Appliance Coatings, where, for the purposes of this section, a 

source uses paints, topcoats, basecoats, sealants, caulks, inks, primers, 

enamels, adhesives, maskants, and other such materials in the manufacture 

of large appliance parts or products at a large appliance coatings facility; 

and

(c) Metal Furniture Coatings, where, for the purposes of this section, a source 

applies coatings to metal furniture surface coating units at a metal 

furniture manufacturing facility.

714.4 Any person to whom § 714.3 applies may, by notifying the Department of their 

request with the application for a permit, propose the following:

(a) An acceptable RACT emission limit, as recommended in the applicable 

CTG document; or

(b) Use of low-VOC materials with add-on controls that will reduce emissions, 

as recommended in the applicable CTG document.

714.5 If a person makes a request under § 714.4, the Department will:

(a) Approve, deny, or modify each request for an alternative to § 714.1(a) as 

RACT, and approve a request only if it meets the recommendation in the 

applicable CTG; and

(b) Incorporate each approved RACT determination in a permit and submit 

the RACT determination to the EPA for approval as a SIP revision.

714.6 As an alternative to § 714.4, any person to whom § 714.3 applies may propose 

RACT based on a source-specific RACT analysis, in accordance with § 715.5 

through 715.7.
8

714.7 No person subject to § 714.1(a) shall use, handle, store, or dispose of VOCcontaining materials, coatings, paints, topcoats, basecoats, sealants, caulks, inks, 

primers, enamels, adhesives, maskants, solvents, industrial cleaning solvents, and 

waste materials unless the person:

(a) Stores all VOC-containing materials, coatings, solvents, industrial cleaning 

solvents, inks, adhesives, and waste materials in closed containers except 

when depositing or removing these materials;

(b) Minimizes spills of VOC-containing materials;

(c) Cleans up spills immediately;

(d) Conveys any VOC-containing materials, coatings, solvents, industrial

cleaning solvents, inks, adhesives, and waste materials in closed containers 

or pipes;

(e) Closes mixed vessels, which contain VOC-containing materials, coatings, 

solvents, industrial cleaning solvents, inks, and adhesives except when they 

are specifically in use;

(f) Minimizes emissions of VOCs during cleaning of storage, mixing, 

conveying, and other equipment; and 

(g) Stores cloth and paper, or other absorbent applicators, moistened with 

coatings, solvents, or cleaning solvents in closed, nonabsorbent, non-leaking 

containers.

714.8 Any person who owns, operates, or leases any combination of articles, machines, 

units, equipment, or other contrivances at a facility:

(a) Subject to § 714.1(a) shall keep records as may be necessary to determine 

emissions and compliance with the applicable limitation or control 

requirement as follows:

(1) The records shall provide sufficient data and calculations to 

demonstrate clearly that the emission limitations or control 

requirements are met;

(2) Data or information required to determine compliance with an 

applicable limitation shall be recorded and maintained in a time 

frame consistent with the averaging period of the standard; and

(3) The records shall be retained at least two (2) years from when they 

were originated and shall be made available to the Department on 

request; or
9

(b) Subject to § 714.1(b) shall maintain records that clearly demonstrate to the 

Department that the facility’s emissions are below the applicability 

threshold.

715 REASONABLY AVAILABLE CONTROL TECHNOLOGY is repealed and 

replaced with: 

715 MAJOR SOURCE AND CASE-BY-CASE REASONABLY AVAILABLE 

CONTROL TECHNOLOGY (RACT)

715.1 Calculation of source emissions of VOCs to determine applicability of a regulation 

of this section shall be based on the following:

(a) The theoretical potential to emit (design capacity or maximum production 

and maximum potential operating hours) before add-on controls; and

(b) The sum of all emissions from individual emission sources within the same 

control techniques guideline (CTG) category, except for petroleum/gasoline 

marketing, in which emissions from storage tanks, terminals, and loading 

racks within the same plant or site shall be summed.

715.2 Major Source and Case-by-Case Reasonably Available Control Technology 

(RACT) shall be applied if the theoretical potential plant-wide emissions are, or 

have ever been, greater than or equal to twenty-five tons per year (25 tpy).

715.3 For sources for which there is no control technique guideline (CTG), the 

requirements of this section shall apply in addition to the following:

(a) Theoretical potential emissions from all processes within a plant shall be 

summed to determine applicability of RACT; 

(b) RACT shall be evaluated for all processes in the plant if theoretical potential 

emissions as determined by this section are greater than or equal to twentyfive tons per year (25 tpy); and

(c) RACT is not applicable if physical or operational limitations on the capacity 

of the source to emit are federally enforceable. 

715.4 Any person to which § 715.1 through 715.3 applies shall propose RACT based on a 

source-specific RACT analysis, in accordance with § 715.5 through 715.7.

715.5 To propose source-specific RACT, any person shall:

(a) Notify the Department of their request for a source-specific RACT 

determination with the application for a permit;
10

(b) Provide associated monitoring, testing, certification, recordkeeping, and 

reporting procedures in accordance with 20 DCMR chapter 5; 

(c) Provide a schedule for achieving compliance with the proposed RACT as 

expeditiously as practicable; and

(d) Submit the proposed RACT to the Department for approval. 

715.6 Any person who prepares and submits a source-specific RACT analysis shall 

include and provide the Department:

(a) A ranking of the available control options for the affected source in 

descending order of control effectiveness; 

(b) An evaluation of the technical feasibility of the available control options 

identified in § 715.6(a) based on physical, chemical, and engineering 

principles, where a determination of technical infeasibility shall identify 

technical difficulties which would preclude the successful use of the 

control option on the affected source;

(c) A ranking list of the technically feasible control options in order of overall 

control effectiveness for VOC emissions that presents the array of control 

options and shall include, at a minimum, the following information: 

(1) The baseline emissions of VOCs before implementation of each 

control option;

(2) The estimated emission reduction potential or the estimated control 

efficiency of each control option; 

(3) The estimated emissions after the application of each control 

option; and

(4) The economic impacts of each control option, including both 

overall cost effectiveness and incremental cost effectiveness;

(d) An evaluation of cost effectiveness of each control option consistent with 

the “OAQPS Control Cost Manual” (Sixth Edition), EPA/452/B-02-001, 

January 2002, and subsequent revisions, conducted in accordance with the 

following requirements: 

(1) The cost effectiveness shall be evaluated in terms of dollars per ton 

of VOC emissions reduction;
11

(2) The cost effectiveness shall be calculated on average and 

incremental bases for each option, with average cost effectiveness 

calculated as the annualized cost of the control option divided by 

the baseline emissions rate minus the control option emission rate, 

as shown by the following formula: 

Average cost effectiveness ($/ton removed) =

Control option total annualized cost ($/yr) / [Baseline 

emission rate – Control option rate (tons/yr)]

(3) For purposes of this paragraph, baseline emission rate represents 

the maximum emissions before the implementation of the control 

option, and the baseline emissions rate shall be established using 

either test results or approved emission factors and historic 

operating data; 

(4) For purposes of this paragraph, the incremental cost effectiveness 

calculation compares the costs and emission level of a control 

option to those of the next most stringent option, as shown by the 

following formula: 

Incremental Cost (dollars) per incremental ton removed = 

[Control option total annualized cost ($/yr) – Total 

annualized cost of next most stringent control option ($/yr)] 

/ [Next most stringent control option emission rate (ton/yr) 

– control option emission rate (ton/yr)];

(e) A recommendation of a RACT emission limitation, equipment standard, 

or control technology for each affected emission source or unit; and 

(f) Additional information requested by the Department that is necessary for 

the evaluation of the RACT proposal.

715.7 The Department will:

(a) Approve, deny, or modify each RACT proposal and will approve each 

source-specific RACT determination; and

(b) Incorporate each approved RACT determination in a permit and submit 

the RACT determination to the EPA for approval as a revision to the SIP.

716 OFFSET LITHOGRAPHY is repealed and replaced with:

716 OFFSET LITHOGRAPHY AND LETTERPRESS PRINTING

716.1 Any person who owns, operates, or leases:
12

(a) An offset lithography printing operation that is part of any stationary 

source which emits, or has ever had the theoretical potential to emit, 

twenty-five (25) or more tons per year of VOCs shall be prohibited from 

operating the printing operation unless it is in compliance with the 

requirements of this section, where calculation of the stationary source’s 

theoretical potential to emit shall be pursuant to § 715.1;

(b) After January 1, 2012, any offset lithography or letterpress printing 

operation which emits VOCs at a rate equal to or greater than fifteen 

pounds per day (15 lb/day) actual emissions of VOC on a monthly average 

basis before consideration of controls shall comply with the requirements 

of this section through § 716.25(a); and

(c) After January 1, 2012, any offset lithography or letterpress printing 

operation which emits VOCs at a rate less than fifteen pounds per day (15 

lb./day) actual emissions of VOC on a monthly average basis before 

consideration of controls, shall comply with § 716.25(b).

716.2 Any printing operation or press that becomes or is currently subject to the 

provisions of this section by exceeding the applicability threshold in § 716.1(a), 

716.1(b), and 716.16 shall remain subject to these provisions even if its 

throughput or emissions or its theoretical potential to emit has fallen or later falls 

below the applicability threshold.

716.3 If part or all of any offset lithography or letterpress printing operation involving 

VOC emissions is not specifically controlled by the requirements of this section, 

then the VOC-related emission operation or part of the operation shall be 

governed by the other requirements of this subtitle on air quality.

716.4 This section applies only to the emissions of VOCs; all provisions of this subtitle 

on air quality other than those restricting the emissions of VOCs apply to the 

operations regulated by this section.

716.5 Prior to January 1, 2012, no person who owns, operates, or leases an offset 

lithography printing operation in existence as of December 31, 1985, shall utilize 

fountain solution in conjunction with printing units with a VOC content in excess 

of the following limits:

(a) For non-heatset or coldset web printing, twenty percent (20%); and

(b) For heatset web printing, fifteen percent (15%).

716.6 After January 1, 2012, no person who owns, operates, or leases an offset 

lithography printing operation shall utilize fountain solution in conjunction with 

printing units in excess of the following limits:
13

(a) For non-heatset or coldset web printing, five percent (5%) alcohol 

substitute (by weight) on-press (as-applied) and no alcohol in the fountain 

solution as determined by EPA Method 24;

(b) For heatset web printing, one and six tenths percent (1.6%) alcohol (by 

weight) in the fountain or, to achieve an equivalent level of control, any 

one of the following shall occur:

(1) Reduce the on-press (as-applied) alcohol content to one and six

tenths percent (1.6%) alcohol or less (by weight);

(2) Use three percent (3%) alcohol or less (by weight) on-press (asapplied) in the fountain solution, provided the solution is 

refrigerated to less than sixty degrees Fahrenheit (60° F) or sixteen 

degrees Celsius (16o C); or

(3) Use an alcohol substitute so that the on-press (as-applied) VOC 

content is five percent (5%) or less (by weight) as determined by 

EPA Method 24 and no alcohol is in the fountain solution; or

(c) For sheet-fed printing, five percent (5%) alcohol (by weight) in the 

fountain or, to achieve an equivalent level of control, any one of the 

following shall occur:

(1) Reduce the on-press (as-applied) alcohol content to five percent 

(5%) alcohol or less (by weight);

(2) Use eight and a half percent (8.5%) alcohol or less (by weight) onpress (as-applied) in the fountain solution, provided the solution is 

refrigerated to less than sixty degrees Fahrenheit (60° F) or sixteen 

degrees Celsius (16o C); or

(3) Use an alcohol substitute so that the on-press (as-applied) VOC 

content is five percent (5%) or less (by weight) as determined by 

EPA Method 24 and no alcohol is in the fountain solution.

716.7 Subsection 716.6 does not apply to:

(a) Sheet-fed presses with maximum size of eleven by seventeen inches 

(11x17 in.) or smaller; and 

(b) Any press with total fountain solution reservoir of less than one gallon (1

gal.).
14

716.8 No person who owns, operates, or leases a printing operation shall utilize cleaning 

solutions containing VOCs in conjunction with printing units in excess of:

(a) After May 1, 1999, for any offset lithography printing operation which 

emits, or has the theoretical potential to emit, twenty-five (25) or more 

tons per year of VOCs:

Ten millimeters of mercury (10 mm. Hg) at twenty degrees 

Celsius (20° C) or sixty-eight degrees Fahrenheit (68o F) of VOC 

composite partial pressure calculated as follows: 

where:

Ppc = VOC composite partial pressure at twenty degrees Celsius 

(20°C) or sixty-eight degrees Fahrenheit (68o F), in mm 

Hg; 

Wi = Weight of the "i"th VOC compound, in grams, as 

determined by ASTM E 260-91; 

Ww = Weight of water, in grams as determined by ASTM D 

3792-86; 

We = Weight of the "i"th exempt compound, in grams, as 

determined by ASTM E 260-91;

Mwi = Molecular weight of the "i"th VOC compound, in grams 

per g-mole, as given in chemical reference literature;

Mww = Molecular weight of water, eighteen grams (18 g.) per gmole; 

Mwe = Molecular weight of the "i"th exempt compound, in grams 

per g-mole, as given in chemical reference literature; and

Vpi = Vapor pressure of the "i"th VOC compound at twenty 

degrees Celsius (20o C) or sixty-eight degrees Fahrenheit 

(68o F), in mm. Hg, as determined by § 747.6; and

(b) One of the following limits after January 1, 2012, for any offset 

lithography or letterpress printing operation where the emissions 
15

associated with all aspects of that operation equal or exceed fifteen pounds 

(15 lbs) actual emissions of VOC on a monthly average basis before 

consideration of controls:

(1) Seventy percent (70%) of VOCs (by weight); or

(2) Ten millimeters of mercury (10 mm. Hg) at twenty degrees Celsius 

(20° C or 68o F) of VOC composite partial pressure calculated 

using the formula in §716.8(a).

716.9 Cleaning solutions and shop towels used for cleaning shall be kept in closed 

containers.

716.10 Subsection 716.8(b) does not apply to:

(a) Up to one hundred and ten gallons (110 gal.) per year of cleaning solutions 

which meet neither § 716.8(b)(1) or (2); and 

(b) Cleaners used on electronic components of a press, pre-press cleaning 

operations (for example, platemaking), post-press cleaning operations (for 

example, binding), cleaning supplies (for example, detergents) used to 

clean the floor (other than dried ink) in the area around a press, or cleaning 

performed in parts washers or cold cleaners.

716.11 Prior to January 1, 2012, no person who owns, operates, or leases the following 

printing operations in existence as of December 31, 1985, shall utilize inks in 

conjunction with printing units if the VOC content of ink is in excess of the 

following percentages:

(a) Heatset offset lithography, forty percent (40%);

(b) Non-heatset offset lithography, thirty-five percent (35%);

(c) Letterset, forty percent (40%); and

(d) Letterpress, thirty percent (30%).

716.12 For § 716.5 and 716.11:

(a) The percentage VOC content is by weight and applies to the inks and 

solutions as contained in the storage wells (fountains) of the printing unit, 

and does not include water;

(b) The percentage VOC content shall be determined in accordance with 

Procedure B of test method ASTM D-2369-81; where, in lieu of testing 

the formulated inks and solutions, the individual components of the 
16

formulations may be tested and the VOC content of the formulations may 

be calculated there from; and

(c) The percentage water content shall be determined in accordance with test 

method ASTM D-3792-79.

716.13 For establishments to which § 716.5 and 716.11 apply, but within which one (1) 

or more printing units is demonstrated to be unable to comply or cannot feasibly 

comply, any person owning or operating the establishment may bring it into 

compliance by reducing VOC emissions from other printing units within the 

establishment as follows:

(a) In a ratio of five (5) units of reduced emissions for each one (1) unit of 

excess emissions for operations during the months of April, May, June, 

July, August, and September;

(b) In a ratio of one (1) unit of reduced emissions for each one (1) unit of 

excess emissions for operations during the months of October, November, 

December, January, February, and March; and

(c) Provided, that:

(1) The owner or operator demonstrates to the Department that the 

reduction ratio is met by the proposed trade;

(2) The Department approves the proposed trade; and

(3) The proposed trade is legally enforceable against the owner and 

operator of the establishment.

716.14 Prior to January 1, 2012, no person who owns, operates, or leases a heatset web 

offset lithography printing operation or heatset web letterpress printing operation 

in existence as of December 31, 1985, shall utilize dryers unless the VOC 

emissions are reduced by ninety percent (90%) (by weight) overall through the 

use of a control device, except in the case of printing units using water-based 

solvents in the ink used on them.

716.15 Alternative VOC emission reduction systems may be used to attain compliance 

with § 716.5, 716.11, and 716.14 in place of the specific requirements stated in 

those sections provided that:

(a) The alternative VOC reduction system(s) is demonstrated to have at least 

equivalent results in limiting emissions of VOCs as would the application 

of the requirements of those sections; and

(b) The alternate system(s) shall be approved by the Department.
17

716.16 No person who owns, operates, or leases an individual heatset web offset 

lithography printing operation or heatset web letterpress printing operation with a 

theoretical potential to emit from the dryer of more than twenty-five tons per year 

(25 tpy) of VOC (petroleum ink oil) before controls shall utilize dryers or inks 

unless the VOC emissions are reduced by:

(a) Ninety percent (90%) (by weight) overall through the use of a control 

device whose first installation date was before January 1, 2012;

(b) Ninety-five percent (95%) overall control efficiency for newly installed 

equipment or for a control device whose first installation date was on or 

after January 1, 2012; or

(c) If the inlet VOC concentration is so low so that § 716.16(a) or (b) is not 

achievable, reduce the control device outlet concentration to no greater 

than twenty parts per million by volume (20 ppmv) as hexane on a dry 

basis, whichever is less stringent.

716.17 Adding diluent air to the exhaust gas stream for the purpose of complying with §

716.16(a) or (c) shall be prohibited.

716.18 To avoid the applicability of the limits in §716.16(b), the Department may grant a 

person a federally enforceable limitation on the theoretical potential to emit for 

any heatset web offset lithography or heatset web letterpress printing operation if 

the following conditions are met:

(a) The Department shall assume that twenty percent (20%) of the VOC in the 

inks and coatings remains in the paper web, and the volume of inks and 

coatings used in any heatset web offset lithography or heatset web 

letterpress printing operation contains less than thirty-one and one quarter 

tons per year (31.25 tpy) VOC (petroleum ink oil); 

(b) The person applies for the enforceable limitation on the theoretical 

potential to emit with a permit application; and

(c) The Department shall review and approve each proposal in a permit and 

submit the permit to the EPA for approval as a revision to the SIP.

716.19 Subsection 716.16 does not apply to:

(a) Heatset offset lithographic and letterpress presses used for book printing;

(b) Heatset offset lithographic and letterpress presses with maximum web 

width of twenty-two inches (22 in.) or less; or
18

(c) Sheet-fed or coldset web inks, sheet-fed or coldset web varnishes, 

waterborne coatings, or radiation (ultra-violet light or electronic beam) 

cured materials used on offset lithographic or letterpress presses. 

716.20 Any person to which § 716.16 applies shall install, calibrate, maintain, and 

operate a temperature monitoring device, according to the manufacturer's 

instructions, at the outlet of the control device, where:

(a) The monitoring temperature shall be set during the testing required to 

demonstrate compliance with the applicable emission standard;

(b) Monitoring shall be performed only when the unit is operational;

(c) The temperature monitoring device shall be equipped with a continuous 

recorder, with recordings taken at a minimum of every fifteen (15) 

minutes, and shall have an accuracy of five tenths of a degree Fahrenheit 

(0.5° F) or negative seventeen and one half degrees Celsius (-17.5o C); 

(d) The dryer pressure shall be maintained lower than the press room air 

pressure such that air flows into the dryer at all times when the printing 

unit is operating; and

(e) One hundred percent (100%) emissions capture efficiency for the dryer 

shall be demonstrated using an air flow direction measuring device, 

pursuant to a periodic monitoring strategy approved by the Department.

716.21 Each person who owns, operates, or leases an offset lithography or letterpress 

printing operation shall assure that all containers holding VOC-containing 

materials shall be open only when necessary and openings shall be restricted to 

the extent feasible.

716.22 No person who owns, operates, or leases an offset lithography or letterpress

printing operation shall allow the leaking of any VOC or VOC-containing 

material from any printing unit or associated equipment.

716.23 No person who owns, operates, or leases an offset lithography or letterpress

printing operation shall allow the storage or disposal of any VOC or VOCcontaining material, including waste material, in a manner that will cause or allow 

its evaporation into the atmosphere.

716.24 To the greatest extent feasible, persons operating an offset lithography or 

letterpress printing units and associated equipment shall minimize their use of 

VOC-containing materials by restricting wasteful usage and by replacing 

materials with emulsions or other materials.

716.25 Any person who owns, operates, or leases any press:
19

(a) Subject to § 716.1(b) shall keep records as may be necessary to determine 

emissions and compliance with the applicable limitation or control 

requirement as follows:

(1) The records shall provide sufficient data and calculations to 

demonstrate clearly that the emission limitations or control 

requirements are met;

(2) Data or information required to determine compliance with an 

applicable limitation shall be recorded and maintained in a time 

frame consistent with the averaging period of the standard; and

(3) The records shall be retained at least three (3) years from when 

they were originated and shall be made available to the Department 

on request; or

(b) Subject to § 716.1(c) shall maintain records that clearly demonstrate to the 

Department that the facility’s emissions are below the applicability 

threshold, or that material use is beneath a threshold that meets the 

compliance requirements.

717 NATIONAL EMISSION STANDARDS FOR HAZARDOUS POLLUTANTS 

FOR SOURCE CATEGORIES is repealed. and replaced with:

717 SOIL AND GROUNDWATER REMEDIATION

717.1 Any soil and groundwater remediation system is prohibited unless it operates in 

compliance with the requirements of this section.

717.2 For proposed soil and groundwater remediation systems or for any person who 

operates such a system, if total emissions are:

(a) Less than one pound (1 lb.) per day before application of any controls, no 

permit shall be required under 20 DCMR chapter 2; or

(b) Greater than one pound (1 lb.) per day before application of any controls, 

remediation activities shall comply with any applicable requirements 

specified in chapter 2 and emissions shall be controlled by at least ninetyfive percent (95%).

717.3 If the Department determines that additional controls are necessary to protect public 

health or the environment, then such additional controls shall be specified in a 

chapter 2 permit.

***
20

719 CONSUMER PRODUCTS – GENERAL REQUIREMENTS is amended to 

read as follows:

719.1 Sections 719 through 737 apply to any person who sells, supplies, offers for sale, 

or manufactures consumer products on or after the effective date specified in §

720 for use in the District of Columbia.

719.2 For purposes of §§ 719 through 737 and of any definitions in §799 applicable to 

§§ 719 through 737, the District incorporates by reference rules and test methods 

from the California Air Resource Board (CARB), the South Coast Air Quality 

Management District (SCAQMD), and the American Society for Testing and 

Materials (ASTM), where specifically cited.

719.3 Each part of §§ 719 through 737 shall be deemed severable, and if any part is held 

to be invalid, the remainder shall continue in full force.

720 CONSUMER PRODUCTS – VOC STANDARDS is amended to read as 

follows:

720.1 Except as provided in §§ 721, 735, 736 and 737, no person shall sell, supply, offer 

for sale, or manufacture for sale in the District of Columbia any consumer 

product, manufactured on or after the effective date in the following Table of 

Standards, which contains VOCs in excess of the limits specified in the following 

Table of Standards: 

Table of Standards. Percent volatile organic compounds by weight:

Product Category Effective date 

1/1/2005

Effective date 

1/1/2012

Adhesive Removers:

 Floor and wall Covering 5

 Gasket or thread locking 50

 General purpose 20

 Specialty 70

Adhesives:

 Aerosol mist spray 65

 Aerosol web spray 55

 Special Purpose Spray Adhesives:

 Mounting, automotive engine

 compartment, and flexible vinyl 70

 Polystyrene foam and automotive

 Headliner 65

 Polylolefin and laminate repair /

 Edgebanding 60

 Construction, panel, and floor 15
21

Product Category Effective date 

1/1/2005

Effective date 

1/1/2012

 Contact 80 NA

 Contact General Purpose 55

 Contact Special Purpose 80

 General purpose 10

 Structural waterproof 15

Air Fresheners:

 Single-phase aerosols 30

 Double-phase aerosols 25

 Liquids / pump sprays 18

 Solids / semisolids 3

Antiperspirants:

 Aerosol 40 HVOC

 Aerosol 10 MVOC

 Non-aerosol 0 HVOC

 Non-aerosol 0 MVOC

Anti-Static Product, non-aerosol 11

Automotive Brake Cleaners 45

Automotive Rubbing or Polishing Compound 17

Automotive Wax, Polish, Sealant or Glaze

 Hard paste waxes 45

 Instant detailers 3

 All other forms 15

Automotive Windshield Washer Fluids 35

Bathroom and Tile Cleaners:

 Aerosols 7

 All other forms 5

Bug and Tar Remover 40

Carburetor or Fuel-Injection Air Intake Cleaners 45

Carpet and Upholstery Cleaners:

 Aerosols 7

 Non-aerosols (dilutables) 0.1

 Non-aerosols (ready-to-use) 3.0

Charcoal Lighter Material see §730

Cooking Spray:

 Aerosols 18

Deodorants:

 Aerosol 0 HVOC

 Aerosol 10 MVOC

 Non-aerosol 0 HVOC

 Non-aerosol 0 MVOC

Dusting Aids:

 Aerosols 25

 All other forms 7
22

Product Category Effective date 

1/1/2005

Effective date 

1/1/2012

Electrical Cleaner 45

Electronic Cleaner 75

Engine Degreasers:

 Aerosol 35

 Non-aerosol 5

Fabric Protectants 60

Fabric Refresher: 

 Aerosol 15

 Non-aerosol 6

Floor Polishes / Waxes:

 Products for flexible flooring materials 7

 Products for non-resilient flooring 10

 Wood floor wax 90

Floor Wax Strippers: 

 Non-Aerosol see §731

Footwear or Leather Care Products: 

 Aerosol 75

 Solid 55

 Other forms 15

Furniture Maintenance Products:

 Aerosols 17

 All other forms except solid or paste 7

General Purpose Cleaners:

 Aerosols 10

 Non-aerosols 4

General Purpose Degreasers:

 Aerosols 50

 Non-aerosols 4

Glass Cleaners:

 Aerosols 12

 Non-aerosols 4

Graffiti Remover: 

 Aerosols 50

 Non-aerosols 30

Hair Mousses 6

Hair Shines 55

Hairsprays 55

Hair Styling Gels 6

Hair Styling Products: 

 Aerosol and pump sprays 6

 All other forms 2

Heavy-Duty Hand Cleaners or Soaps 8
23

Product Category Effective date 

1/1/2005

Effective date 

1/1/2012

Insecticides:

 Crawling bug (aerosol) 15

 Crawling bug (all other forms) 20

 Flea and tick 25

 Flying bug (aerosol) 25

 Flying bug (all other forms) 35

 Foggers 45

 Lawn and garden (all other forms) 20

 Lawn and garden (non-aerosol) 3

 Wasp and hornet 40

Laundry Prewashes:

 Aerosols / solids 22

 All other forms 5

Laundry Starch Products 5

Metal Polishes / Cleansers 30

Multi-Purpose Lubricants (excluding solid or semisolid products) 50

Nail Polish Removers 75

Non-Selective Terrestrial Herbicides: 

 Non-aerosols 3

Oven Cleaners:

 Aerosols / pump sprays 8

 Liquids 5

Paint Remover or Strippers 50

Penetrants 50

Rubber and Vinyl Protectants:

 Non-aerosols 3

 Aerosols 10

Sealants and Caulking Compounds 4

Shaving Creams 5

Shaving Gel 7

Silicone-Based Multi-Purpose Lubricants 

(excluding solid or semi-solid products) 60

Spot Removers:

 Aerosols 25

 Non-aerosols 8

Tire Sealants and Inflators 20

Toilet/Urinal Care:

 Aerosols 10

 Non-aerosol 3

Undercoatings: 

 Aerosols 40

Wood Cleaner: 
24

Product Category Effective date 

1/1/2005

Effective date 

1/1/2012

 Aerosol 17

 Non-Aerosol 4

Note: NA = Not applicable after January 1, 2012

720.2 Notwithstanding the provisions of §§ 720.1, 727, 728, and 729, a consumer 

product manufactured prior to each of the effective dates specified for that 

product in the Table of Standards in §720.1 may be sold, supplied, or offered for 

sale after each of the specified effective dates.

720.3 Subsection 720.2 does not apply to any consumer product that does not display on 

the product container or package the date on which the product was 

manufactured, or a code indicating such date, in accordance with § 732.1 through 

732.6.

721 CONSUMER PRODUCTS – EXEMPTIONS FROM VOC STANDARDS is 

amended to read as follows:

721.1 The following are exempt from the Table of Standards in § 720.1:

(a) Any consumer product manufactured in the District of Columbia for 

shipment and use outside of the District of Columbia;

(b) A consumer product that does not comply with the VOC standards 

specified in § 720, provided that the manufacturer or distributor who sells, 

supplies, or offers the product for sale in the District of Columbia meets 

the requirements of this section and demonstrates that: 

(1) The consumer product is intended for shipment and use outside of 

the District of Columbia; and 

(2) The manufacturer or distributor has taken reasonable precautions 

to ensure that the consumer product is not distributed in the 

District of Columbia; 

(c) Ethanol with a medium volatility organic compound (MVOC) content, 

when used in antiperspirants or deodorants; 

(d) Fragrances up to a combined level of two percent (2%) by weight 

contained in any consumer product and colorants up to a combined level 

of two percent (2%) by weight contained in any antiperspirant or 

deodorant;

(e) Antiperspirants or deodorants that contain VOCs of more than ten (10) 

carbon atoms per molecule and for which the vapor pressure is unknown, 
25

or that have a vapor pressure of two millimeters of mercury (2 mm. Hg) or 

less at twenty degrees Celsius (20oC) or sixty-eight degrees Fahrenheit 

(68° F);

(f) Any low-vapor-pressure VOC (LVP-VOC) as defined in § 799;

(g) Air fresheners that are comprised entirely of fragrance, less compounds 

not defined as VOCs under § 799, or exempted under § 721.1(f) above; 

(h) Insecticides containing at least ninety-eight percent (98%) paradichlorobenzene;

(i) Until January 1, 2012, solid air fresheners containing at least ninety-eight 

percent (98%) para-dichlorobenzene; 

(j) Adhesives sold in containers of one (1) fluid ounce or less; 

(k) Bait station insecticides which, for the purpose of this section, are 

containers enclosing an insecticidal bait that is not more than one fifth of 

an ounce (0.5 oz.) by weight, where the bait is designed to be ingested by 

insects and is composed of solid material feeding stimulants with less than 

five percent (5%) active ingredients;

(l) Any consumer product where the manufacturer has been granted an 

Alternative Control Plan (ACP) Agreement by CARB under the 

provisions in Subchapter 8.5, Article 4, §§ 94540-94555, of Title 17 of the 

California Code of Regulations. This exemption shall be for the period of 

time that the CARB ACP Agreement remains in effect provided that all 

ACP Products used for emissions credits within the CARB ACP 

Agreement are listed in the Table of Standards in § 720.1 and the 

manufacturer complies with § 735, Alternative Control Plans;

(m) Any consumer product where the manufacturer has been granted an 

innovative product exemption by CARB under the Innovative Products 

provisions in Subchapter 8.5, Article 2, § 94511, or Subchapter 8.5, 

Article 1, § 94503.5 of Title 17 of the California Code of Regulations.

This exemption shall be for the period of time that the CARB Innovative 

Products exemption remains in effect provided that all consumer products 

within the CARB Innovative Products exemption are listed in the Table of 

Standards in § 720.1 and the manufacturer complies with § 736, 

Innovative Products Exemption; and

(n) Any consumer product where the manufacturer has been granted an 

alternative control plan agreement, an innovative product exemption, or a 

variance by the Department pursuant to §§ 735 through 737.
26

722 CONSUMER PRODUCTS – REGISTERED UNDER FIFRA is amended to 

read as follows:

722.1 For consumer products registered under the Federal Insecticide, Fungicide, and 

Rodenticide Act, (FIFRA; 7 U.S.C. § 136-136y), the effective date of the VOC 

standards is one (1) year after the date specified in § 720. 

723 CONSUMER PRODUCTS – PRODUCTS REQUIRING DILUTION is 

amended to read as follows:

723.1 Consumer products wherein the label, packaging, or accompanying literature 

specifically states that the product should be diluted with water or non-VOC 

solvent before use shall comply with the following:

(a) Limits specified in the Table of Standards in § 720.1 shall apply to the 

product only after the minimum recommended dilution has taken place; 

and

(b) Minimum recommended dilution shall not include recommendations for 

incidental use of a concentrated product to deal with limited special 

applications such as hard-to-remove soils or stains.

723.2 Consumer products wherein the label, packaging, or accompanying literature 

states that the product should be diluted with any VOC solvent prior to use, shall 

comply with the limits specified in the Table of Standards in § 720.1, only after 

the maximum recommended dilution has taken place.

724 CONSUMER PRODUCTS – OZONE DEPLETING COMPOUNDS is 

amended to read as follows:

724.1 For any consumer product for which standards are specified under the Table of 

Standards in § 720.1, no person shall sell, supply, offer for sale, or manufacture 

for sale in the District of Columbia any consumer product, which may contain any 

of the following ozone depleting compounds: 

(a) CFC-11 (trichlorofluoromethane); 

(b) CFC-12 (dichlorodifluoromethane); 

(c) CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane); 

(d) CFC-114 (1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane); 

(e) CFC-115 (chloropentafluoroethane);

(f) Halon 1211 (bromochlorodifluoromethane); 
27

(g) Halon 1301 (bromotrifluoromethane); 

(h) Halon 2402 (dibromotetrafluoroethane);

(i) HCFC-22 (chlorodifluoromethane);

(j) HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane);

(k) HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane); 

(l) HCFC-141b (1,1-dichloro-1-fluoroethane);

(m) HCFC-142b (1-chloro-1, 1-difluoroethane); and

(n) 1,1,1-trichloroethane, and carbon tetrachloride.

724.2 The requirements of this section shall not apply to any existing product 

formulation that complies with the Table of Standards in § 720.1 or any existing 

product formulation that is reformulated to meet the Table of Standards in §

720.1, provided the ozone depleting compound content of the reformulated 

product does not increase.

724.3 The requirements of this section shall not apply to any ozone depleting 

compounds that may be present as impurities in a consumer product in an amount 

equal to or less than one one-hundredth of a percent (0.01%) by weight of the 

product. 

725 CONSUMER PRODUCTS – AEROSOL ADHESIVES is amended to read as 

follows:

725.1 The standards for aerosol adhesives specified in the Table of Standards in § 720.1

apply to all uses of aerosol adhesives, including consumer, industrial, and 

commercial uses. 

725.2 Except as otherwise provided in §§ 721, 736, and 737, no person shall sell, 

supply, offer for sale, use, or manufacture for sale in the District of Columbia any 

aerosol adhesive which, at the time of sale, use, or manufacture, contains VOCs in 

excess of the standards specified in the Table of Standards in § 720.1.

725.3 In order to qualify as a “Special Purpose Spray Adhesive,” the product shall meet 

one or more definitions for “Special Purpose Spray Adhesive” specified in § 799, 

but if the product label indicates that the product is suitable for use on any 

substrate or application not listed in one of the definitions for “Special Purpose 

Spray Adhesive,” then the product shall be classified as either a “Web Spray 

Adhesive” or a “Mist Spray Adhesive.” 
28

725.4 If a product meets more than one of the definitions specified in § 799 for special 

purpose spray adhesive, and is not classified as a web spray adhesive or mist 

spray adhesive under § 799, then the VOC limit should be the lowest applicable 

VOC limit specified in the Table of Standards in § 720.1.

725.5 No person shall sell, supply, offer for sale, or manufacture for use in District of 

Columbia any aerosol adhesives that contain methylene chloride, 

perchloroethylene, or trichloroethylene.

725.6 All aerosol adhesives shall comply with the labeling requirements specified in §

732. 

726 CONSUMER PRODUCTS – ANTIPERSPIRANTS OR DEODORANTS is 

amended to read as follows:

726.1 No person shall sell, supply, offer for sale, or manufacture for sale in the District 

of Columbia any antiperspirant or deodorant which contains any compound that 

has been identified by CARB in Title 17, California Code of Regulations, 

Division 3, Chapter 1, Subchapter 7, § 93000, as a toxic air contaminant. 

727 CONSUMER PRODUCTS – CHARCOAL LIGHTER MATERIALS is 

repealed and replaced with:

727 CONSUMER PRODUCTS – CONTACT ADHESIVES, ELECTRONIC 

CLEANERS, FOOTWEAR AND LEATHER CARE PRODUCTS, AND 

GENERAL PURPOSE DEGREASERS 

727.1 Except as provided in sections § 727.2 and 727.4, effective January 1, 2012, no 

person shall sell, supply, offer for sale, or manufacture for use in the District of 

Columbia any contact adhesive, electronic cleaner, footwear or leather care 

product, or general purpose degreaser that contains methylene chloride, 

perchloroethylene, or trichloroethylene. 

727.2 Contact adhesives, electronic cleaners, footwear or leather care products, or 

general purpose degreasers that contain methylene chloride, perchloroethylene, or 

trichloroethylene and were manufactured before January 1, 2012, may be sold, 

supplied, or offered for sale until May 1, 2012, so long as the product container or 

package displays the date on which the product was manufactured, or a code 

indicating such date, in accordance with § 732. 

727.3 Any person who sells or supplies a consumer product identified above in § 727.1 

shall notify the purchaser of the product, in writing, that the sell-through period 

for that product will end on May 1, 2012, provided, however, that this notification 

must be given only if both of the following conditions are met: 
29

(a) The product is sold or supplied through a distributor or retailer; and 

(b) The product is sold or supplied on or after January 1, 2012. 

727.4 The requirements of § 727.1 and 721.3 shall not apply to any contact adhesives, 

electronic cleaner, footwear or leather care product, or general purpose degreaser 

containing methylene chloride, perchloroethylene, or trichloroethylene that is 

present as an impurity in a combined amount equal to or less than one onehundredth of a percent (0.01%) by weight.

728 CONSUMER PRODUCTS – FLOOR WAX STRIPPERS is repealed and 

replaced with:

728 CONSUMER PRODUCTS – ADHESIVE REMOVERS, ELECTRICAL 

CLEANERS, AND GRAFFITI REMOVERS 

728.1 Except as provided in § 728.2 and 728.4, effective January 1, 2012, no person 

shall sell, supply, offer for sale, or manufacture for use in the District of Columbia 

any adhesive remover, electrical cleaner, or graffiti remover that contains 

methylene chloride, perchloroethylene, or trichloroethylene. 

728.2 Adhesive removers, electrical cleaners, and graffiti removers that contain 

methylene chloride, perchloroethylene, or trichloroethylene and were 

manufactured before January 1, 2012, may be sold, supplied, or offered for sale 

until May 1, 2012, so long as the product container or package displays the date 

on which the product was manufactured, or a code indicating such date, in 

accordance with § 732. 

728.3 Any person who sells or supplies a consumer product identified above in § 728.1 

must notify the purchaser of the product, in writing, that the sell-through period 

for that product will end on May 1, 2012, provided however, that this notification 

must be given only if both of the following conditions are met:

(a) The product is sold or supplied through a distributor or retailer; and 

(b) The product is sold or supplied on or after January 1, 2012. 

728.4 The requirements of § 728.1 and 728.3 shall not apply to any adhesive remover, 

electrical cleaner, or graffiti remover containing methylene chloride, 

perchloroethylene, or trichloroethylene that is present as an impurity in a 

combined amount equal to or less than one one-hundredth of a percent (0.01%) by 

weight. 

729 CONSUMER PRODUCTS – LABELING OF CONTENTS is repealed and 

replaced with:
30

729 CONSUMER PRODUCTS – SOLID AIR FRESHENERS AND TOILET / 

URINAL CARE PRODUCTS 

729.1 Effective January 1, 2012, no person shall sell, supply, offer for sale, or 

manufacture for use in the District of Columbia any solid air fresheners or 

toilet/urinal care products that contain para-dichlorobenzene.

729.2 Solid air fresheners or toilet and urinal care products that contain paradichlorobenzene and were manufactured before January 1, 2012, may be sold, 

supplied, or offered for sale until May 1, 2012, so long as the product container or 

package displays the date on which the product was manufactured, or a code 

indicating such date, in accordance with § 732.1 through 732.6. 

729.3 Any person who sells or supplies any solid air freshener or toilet and urinal care 

product that contains para-dichlorobenzene shall notify the purchaser of the 

product, in writing, that the sell-through period for the product will end on May 1, 

2012, provided, however, that this notification must be given only if both of the 

following conditions are met:

(a) The product is sold or supplied to a distributor or retailer; and

(b) The product is sold or supplied on or after January 1, 2012.

730 CONSUMER PRODUCTS – REPORTING REQUIREMENTS is repealed 

and replaced with:

730 CONSUMER PRODUCTS – CHARCOAL LIGHTER MATERIALS

730.1 No person shall sell, supply, or offer for sale any charcoal lighter material product 

unless at the time of the transaction:

(a) The manufacturer can demonstrate that it has been issued a currently 

effective certification by CARB under the Consumer Products provisions 

under Subchapter 8.5, Article 2, § 94509(h), of Title 17 of the California 

Code of Regulations;

(1) This certification remains in effect for the District of Columbia for 

as long as the CARB certification remains in effect; and

(2) Any manufacturer claiming such a certification on this basis must 

submit to the Department a copy of the certification decision (such 

as, the executive order), including all conditions established by 

CARB applicable to the certification; 

(b) The manufacturer or distributor has been issued a currently effective 

certification by the Department pursuant to this section; 
31

(c) The charcoal lighter material meets the formulation criteria and other 

conditions specified in an applicable Alternative Control Plan (ACP) 

Agreement issued pursuant to this section; and

(d) The product usage directions for the charcoal lighter material are the same 

as those provided to the Department pursuant to this section.

730.2 No charcoal lighter material formulation shall be certified under this section 

unless the applicant for certification demonstrates to the Department’s satisfaction 

that the VOC emissions from the ignition of charcoal with the charcoal lighter 

material are less than or equal to two one hundredths of a pound (0.02 lb.) of 

VOC per start, using the procedures specified in the South Coast Air Quality 

Management District Rule 1174, Ignition Method Compliance Certification 

Protocol, dated February 27, 1991 (the South Coast Air Quality Management 

District Rule 1174 Testing Protocol).

730.3 The Department may approve alternative test procedures that are shown to 

provide equivalent results to those obtained using the South Coast Air Quality 

Management District Rule 1174 Test Protocol.

730.4 The provisions relating to LVP-VOC in § 799 and § 721.1(f) shall not apply to 

any charcoal lighter material subject to the requirements of this section.

730.5 For certification of a charcoal lighter material formulation, the application shall be 

in writing and shall include, at a minimum, the following:

(a) The results of testing conducted pursuant to the procedures specified in 

South Coast Air Quality Management District Rule 1174 Testing Protocol 

as required in § 730.2; 

(b) The exact text or graphics that will appear on the charcoal lighter 

material's principal display panel, label, and any accompanying literature;

(c) Clearly displayed product usage instructions that accurately reflect the 

quantity of charcoal lighter material per pound that was used in the South 

Coast Air Quality Management District Rule 1174 Testing Protocol for 

that product, unless:

(1) The charcoal lighter material is intended to be used in fixed 

amounts independent of the amount of charcoal used, such as 

certain paraffin cubes; or 

(2) The charcoal lighter material is already incorporated into the 

charcoal, including but not limited to certain bag light, instant 

light, or match light products; 
32

(d) For a charcoal lighter material which meets the criteria specified in §

730.5(c)(1), the usage instructions provided to the Department shall 

accurately reflect the quantity of charcoal lighter material used in the 

South Coast Air Quality Management District Rule 1174 Testing Protocol 

for that product; and

(e) Any physical property data, formulation data, or other information 

required by the Department for use in determining when a product 

modification has occurred and for use in determining compliance with the 

conditions specified in an Alternative Control Plan (ACP) Agreement 

issued pursuant to § 735.

730.6 The Department shall comply with the following requirements for approving an 

application for certification: 

(a) Within thirty (30) days of receipt of an application, the Department shall 

advise the applicant in writing either that the application is complete or 

that specified additional information is required to make it complete;

(b) Within thirty (30) days of receipt of additional information, the 

Department shall advise the applicant in writing either that the application 

is complete, or that specified additional information or testing is required 

before it can be deemed complete; and

(c) If the Department finds that an application meets the requirements of this 

section, then the Department shall issue an ACP Agreement certifying the 

charcoal lighter material formulation and specifying such conditions as are 

necessary to ensure that the requirements of this section are met. The 

Department shall act on a complete application within ninety (90) days 

after the application is deemed complete.

730.7 For any charcoal lighter material for which certification has been granted by the 

Department pursuant to this section, the applicant for certification shall notify the 

Department in writing within thirty (30) days of: 

(a) Any change in the usage directions; or 

(b) Any change in product formulation, test results, or any other information 

submitted pursuant to this section, which may result in VOC emissions 

greater than two one hundredths of a pound (0.02 lb.) of VOC per start.

730.8 If the Department determines that any certified charcoal lighter material 

formulation results in a VOC emission from the ignition of charcoal that is greater 

than two one hundredths of a pound (0.02 lb.) of VOC per start, as determined by 

the South Coast Air Quality Management District Rule 1174 Testing Protocol, 
33

and the statistical analysis procedures contained therein, the Department shall 

revoke or modify the certification as necessary to ensure that the charcoal lighter 

material will result in VOC emissions of less than or equal to two one hundredths 

of a pound (0.02 lb.) of VOC per start.

730.9 The Department shall not revoke or modify a certification issued pursuant to this 

section without first affording the person granted the certification an opportunity 

for a hearing in accordance with the District of Columbia Administrative 

Procedures Act, D.C. Official Code §§ 2-501, et seq (2006 Repl.), to determine if 

the certification should be modified or revoked.

731 CONSUMER PRODUCTS - TEST METHODS is repealed and replaced 

with:

731 CONSUMER PRODUCTS – FLOOR WAX STRIPPERS

731.1 No person shall sell, supply, offer for sale, or manufacture for use in District of 

Columbia any floor wax stripper unless the following requirements are met:

(a) The label of each non-aerosol floor wax stripper specifies a dilution ratio 

for light or medium build-up of polish that results in an as-used VOC 

concentration of three percent (3%) by weight or less;

(b) The label of each non-aerosol floor wax stripper specifies a dilution ratio 

for heavy build-up of polish that results in an as-used VOC concentration 

of twelve percent (12%) by weight or less, if the floor wax stripper is also 

intended to be used for removal of heavy build-up of polish; and

(c) The terms “light build-up”, “medium build-up” or “heavy build-up” are 

not specifically required on the label, as long as comparable terminology 

is used.

732 CONSUMER PRODUCTS - ALTERNATIVE CONTROL PLANS is 

repealed and replaced with:

732 CONSUMER PRODUCTS – LABELING OF CONTENTS

732.1 Each manufacturer of a consumer product subject to §§ 719 through 737 shall 

clearly display on each consumer product container or package, the day, month, 

and year on which the product was manufactured, or a code indicating such date.

732.2 A manufacturer who uses the following code to indicate the date of manufacture 

shall not be subject to the requirements of § 732.1, if the code is represented 

separately from other codes on the product container so that it is easily 

recognizable:
34

YY DDD = year year day day day

where:

“YY” = two digits representing the year in which the product was 

manufactured; and

“DDD” = three digits representing the day of the year on which the product was 

manufactured, with “001”representing the first day of the year, “002” 

representing the second day of the year, and so forth (such as, the 

“Julian date”).

732.3 The date or date-code information shall be displayed on each consumer product 

container or package no later than twelve (12) months before the effective date of 

the applicable standard specified in the Table of Standards in § 720.1. 

732.4 The date or date-code information shall be located on the container or inside the 

cover/cap so that it is readily observable or obtainable by simply removing the 

cap/cover without irreversibly disassembling any part of the container or 

packaging. 

732.5 For the purposes of this section, information may be displayed on the bottom of 

the container as long as it is clearly legible without removing any product 

packaging.

732.6 The requirements of § 732.1 through 732.5 shall not apply to products containing 

VOCs at one tenth of a percent (0.1%) by weight or less, or products exempted 

from the definition of VOCs in §799.

732.7 If a manufacturer uses a code to indicate the date of manufacture for any 

consumer product subject to § 720, and has not previously filed with the 

Department a date code explanation for that product, the manufacturer shall 

provide an explanation of the date portion of the code to the Department no later 

than the effective date of the applicable standard specified in the Table of 

Standards in § 720.1.

732.8 If a manufacturer changes any code indicating the date of manufacture for any 

consumer product subject to § 732.7, an explanation of the modified code must be 

submitted to the Department before any products displaying the modified code are 

sold, supplied, or offered for sale in the District of Columbia.

732.9 No person shall erase, alter, deface, or otherwise remove or make illegible any 

date or code indicating the date of manufacture from any regulated product 

container without the express authorization of the manufacturer.
35

732.10 Date code explanations for codes indicating the date of manufacture are public 

information and may not be claimed as confidential.

732.11 Notwithstanding the definition of the term “product category” in § 799, if 

anywhere on the principal display panel of any consumer product manufactured 

before January 1, 2012, or any FIFRA registered insecticide manufactured before 

January 1, 2013, any representation is made that the product may be used as, or is 

suitable for use as a consumer product for which a lower VOC limit is specified in 

the Table of Standards in § 720.1, then the lowest VOC limit shall apply. This 

requirement does not apply to general purpose cleaners, antiperspirant or 

deodorant products, and insecticide foggers.

732.12 Notwithstanding the definition of “product category” in § 799, if anywhere on the 

container or packaging of any consumer product manufactured on or after January 

1, 2012, or any FIFRA registered insecticide manufactured on or after January 1, 

2013, or any sticker or label affixed thereto, any representation is made that the 

product may be used, or is suitable for use as a consumer product for which a 

lower VOC content limit is specified in the Table of Standards in § 720.1, then 

the lowest VOC limit shall apply. This requirement does not apply to general all 

purpose cleaners, antiperspirant or deodorant, and insecticide foggers.

732.13 Both the manufacturer and responsible party for each aerosol adhesive, adhesive 

remover, electronic cleaner, electrical cleaner, energized electrical cleaner, and

contact adhesive product subject to §§ 719 through 737 shall comply with § 732.1 

through 732.12 and §733 and ensure that all consumer products clearly display 

the following information on the container for each product which is 

manufactured on or after the effective date for the category specified in the Table 

of Standards in § 720.1:

(a) The product category as specified in § 720 or an abbreviation of the 

category; 

(b) The VOC standard for the product as specified in the Table of Standards 

in § 720.1, except for energized electrical cleaner, expressed as a 

percentage of weight, unless the product is included in an alternative 

control plan approved by the Department, as provided in § 732.12, and the 

product exceeds the applicable VOC standard: 

(1) If the product is included in an approved Alternative Control Plan 

(ACP) pursuant to § 735, the product shall be labeled with the term 

“ACP” or “ACP product”; or

 

(2) If the product is classified as a special purpose spray adhesive, the 

substrate and/or application or an abbreviation of the 

substrate/application that qualifies the product as special purpose 

shall be displayed;
36

(c) An explanation of the abbreviation used pursuant to § 732.13(a) must be 

filed with the Department before the abbreviation is used;

(d) The information required in this section shall be displayed on the product 

container such that it is readily observable without removing or 

disassembling any portion of the product container or packaging. For the 

purposes of this subsection, information may be displayed on the bottom 

of a container as long as it is clearly legible without removing any product 

packaging; and

(e) No person shall remove, alter, conceal, or deface the information required 

in this section before final sale of the product.

733 CONSUMER PRODUCTS - INNOVATIVE PRODUCTS EXEMPTION is 

repealed and replaced with:

733 CONSUMER PRODUCTS – REPORTING REQUIREMENTS

733.1 Upon ninety (90) days written notice, the Department may require any responsible 

party to report information for any consumer product or products the Department 

may specify. Such report may include, but is not limited to, the following 

information: 

(a) The company name, address, telephone number, and designated contact 

person of the responsible party; 

(b) Any claim of confidentiality made pursuant to applicable District of 

Columbia confidentiality requirements in 20 DCMR § 106; 

(c) The product brand name for each consumer product subject to reporting; 

(d) The product category to which the consumer product belongs pursuant to 

the Table of Standards in § 720.1; 

(e) The applicable product form(s) listed separately; 

(f) An identification of each product brand name and form as a “Household 

Product”, “Industrial and Institutional Product”, or both;

(g) Separate District of Columbia sales calculated in VOC pounds per year, to 

the nearest pound, and the method used to calculate District of Columbia 

sales for each product form;
37

(h) For information submitted by multiple companies, an identification of 

each company which is submitting relevant data separate from that 

submitted by the responsible party; 

(i) For each product brand name and form, the net percent by weight of the 

total product, less container and packaging, comprised of the following, 

rounded to the nearest one tenth of a percent (0.1%): 

(1) Total Table B compounds;

(2) Total LVP-VOCs that are not fragrances;

(3) Total of all other carbon-containing compounds that are not 

fragrances;

(4) Total of all non-carbon-containing compounds;

(5) Total fragrance;

(6) For products containing greater than two percent (2%) by weight 

fragrance the percent of fragrance that are LVP-VOCs; and the 

percent of fragrance that are all other carbon-containing 

compounds; and

(7) Total paradichlorobenzene;

(j) For each product brand name and form, the identity, including the specific 

chemical name and associated Chemical Abstracts Service (CAS) number, 

of the following: 

(1) Each Table B compound; and

(2) Each LVP-VOC that is not a fragrance;

(k) If applicable, the weight percent comprised of propellant for each product; 

and

(l) If applicable, an identification of the type of propellant indicating whether 

it is Type A, Type B, Type C, or a blend of each type.

733.2 In addition to the requirements of § 733.1(j), the responsible party shall report or 

arrange to have reported to the Department the net percent by weight of each 

ozone-depleting compound that is:

(a) Listed in § 724.1; and
38

(b) Contained in a product subject to reporting under § 733.1 in any amount 

greater than one tenth of a percent (0.1%) by weight.

733.3 If the responsible party does not have or does not provide the information 

requested in § 733.1 and 733.2, the Department may require the reporting of this 

information by the person that has the information including, but not limited to, 

any formulator, manufacturer, supplier, parent company, private labeler, 

distributor, or repackager. 

733.4 All information submitted by any person pursuant to § 733 shall be handled in 

accordance with the District of Columbia confidentiality requirements in 20 

DCMR § 106.

733.5 Consumer products that contain perchloroethylene or methylene chloride shall 

comply with the following special reporting requirements:

(a) The requirements of this section shall apply to all responsible parties for 

consumer products that are subject to the Table of Standards in § 720.1

and contain perchloroethylene or methylene chloride and energized 

electrical cleansers as defined in § 799, that contain perchloroethylene or 

methylene chloride; and

(b) For the purposes of this subsection, a product contains perchloroethylene 

or methylene chloride if the product contains one percent (1.0%) or more 

by weight, exclusive of the container or packaging, of either 

perchloroethylene or methylene chloride.

734 CONSUMER PRODUCTS - VARIANCE REQUESTS is repealed and 

replaced with:

734 CONSUMER PRODUCTS – TEST METHODS

734.1 Testing to determine compliance with the requirements of §§ 720 through 737 

shall be performed using CARB Method 310, Determination of Volatile Organic 

Compounds (VOCs) in Consumer Products, adopted September 25, 1997, and as 

last amended on May 5, 2005, including any subsequent amendments, 

incorporated herein by reference. The requirements of Sections 3.5, 3.6, and 3.7 

of CARB Method 310 define a process for the initial determination of VOC 

content, the determination of LVP VOC status of compounds and mixtures, and 

the final determination of VOC content, and are incorporated in paragraphs (a) 

through (c) of this subsection as follows:

(a) Pursuant to Section 3.5 of CARB Method 310, Initial Determination of 

VOC Content, the Department shall determine the VOC content pursuant 

to Sections 3.2 and 3.3 of CARB Method 310. Only those components 
39

with concentrations equal to or greater than one tenth of a percent (0.1%) 

by weight shall be reported: 

(1) Pursuant to Section 3.5.1 of CARB Method 310, using the 

appropriate formula specified in Section 4 of CARB Method 310, 

the Department shall make an initial determination of whether the 

product meets the applicable VOC standards specified in CARB 

regulations. If initial results show that the product does not meet 

the applicable VOC standards, the Department may require 

additional testing to confirm the initial results;

(2) Pursuant to Section 3.5.2 of CARB Method 310, if the results 

obtained under Section 3.5.1 of CARB Method 310 show that the 

product does not meet the applicable VOC standards, the 

Department shall request that the product manufacturer or 

responsible party supply product formulation data:

(A) The manufacturer or responsible party shall supply the 

requested information; and 

(B) Information submitted to the Department may be claimed 

as confidential in accordance with the District of Columbia 

confidentiality requirements in 20 DCMR § 106; 

(3) Pursuant to Section 3.5.3 of CARB Method 310, if the information 

supplied by the manufacturer or responsible party shows that the 

product does not meet the applicable VOC standards, then the 

Department will take appropriate enforcement action; and 

(4) Pursuant to Section 3.5.4 of CARB Method 310, if the 

manufacturer or responsible party fails to provide formulation data 

as specified in Section 3.5.2 of CARB Method 310, the initial 

determination of VOC content under Section 3.5 of CARB Method 

310 shall determine if the product is in compliance with the 

applicable VOC standards. This determination may be used to 

establish a violation of District of Columbia regulations;

(b) Pursuant to Section 3.6 of CARB Method 310, Determination of the LVPVOC Status of Compounds and Mixtures, Section 3.6 of CARB Method 

310 does not apply to antiperspirants and deodorants or aerosol coating 

products because there is no LVP-VOC exemption for these products;

(1) Pursuant to Section 3.6.1 of CARB Method 310, Formulation 

Data, if the vapor pressure is unknown, the following ASTM 

methods may be used to determine the LVP-VOC status of 

compounds and mixtures: ASTM D 86-04b, ASTM D 850-00, 
40

ASTM D 1078-01, ASTM D 2879-97), as modified in Appendix B 

to Method 310, ASTM D 2887-01 and ASTM E 1719-97, 

including any subsequent amendments;

(2) Pursuant to Section 3.6.2 of CARB Method 310, LVP-VOC Status 

of Compounds or Mixtures, the Department will test a sample of 

the LVP-VOC used in the product formulation to determine the 

boiling point for a compound or for a mixture;

(A) If the boiling point exceeds two hundred sixteen degrees 

Celsius (216oC) or four hundred twenty-one degrees 

Fahrenheit (421oF), the compound or mixture is an LVPVOC;

(B) If the boiling point is less than two hundred sixteen degrees 

Celsius (216oC) or four hundred twenty-one degrees 

Fahrenheit (421oF), then the weight percent of the mixture 

that boils above two hundred sixteen degrees Celsius (216o

C) or four hundred twenty-one degrees Fahrenheit (421oF) 

is an LVP-VOC; and

(C) The Department will use the nearest five percent (5%) 

distillation cut that is greater than two hundred sixteen 

degrees Celsius (216oC) or four hundred twenty-one 

degrees Fahrenheit (421oF) as determined under Section 

3.6.1 of CARB Method 310 to determine the percentage of 

the mixture qualifying as an LVP-VOC; and

(3) Pursuant to Section 3.6.3 of CARB Method 310, Reference 

Method for Identification of LVP-VOC Compounds and Mixtures, 

if a product does not qualify as an LVP-VOC under Section 3.6.2 

of CARB Method 310, the Department will test a sample of the 

compound or mixture used in a products formulation utilizing one 

or both of the following: ASTM D 2879-97, as modified in 

Appendix B to Method 310, and ASTM E 1719-97, to determine if 

the compound or mixture meets the CARB requirements in §

94508(91)(A) of Title 17 of the California Code of Regulations 

including any subsequent amendments; and

(c) Pursuant to Section 3.7 of CARB Method 310, Final Determination of 

VOC Content, if a product’s compliance status is not satisfactorily 

resolved under Sections 3.5 and 3.6 of CARB Method 310, the 

Department will conduct further analyses and testing as necessary to 

verify the formulation data:
41

(1) Pursuant to Section 3.7.1 of CARB Method 310, if the accuracy of 

the supplied formulation data is verified and the product sample is 

determined to meet the applicable VOC standards, then no 

enforcement action for a violation of the VOC standards will be 

taken; 

(2) Pursuant to Section 3.7.2 of CARB Method 310, if the Department 

is unable to verify the accuracy of the supplied formulation data, 

then the Department will request that the product manufacturer or 

responsible party supply information to explain the discrepancy; 

and

(3) Pursuant to Section 3.7.3 of CARB Method 310, if a discrepancy 

exists that cannot be resolved between the results of CARB 

Method 310 and the supplied formulation data, then the results of 

CARB Method 310 shall take precedence over the supplied 

formulation data. The results of CARB Method 310 shall then 

determine if the product is in compliance with the applicable VOC 

standards, and may be used to establish a violation of District of 

Columbia regulations.

734.2 Alternative methods that are shown to accurately determine the concentration of 

VOCs in a subject product or its emissions may be used upon approval of the 

Department.

734.3 Testing to determine compliance with the requirements of §§ 734 through 737 

may also be demonstrated through calculation of the VOC content from records of 

the amounts of constituents used to make the product pursuant to the following 

criteria:

(a) Compliance determinations based on these records may not be used unless 

the manufacturer of a consumer product keeps accurate records for each 

day of production of the amount and chemical composition of the 

individual product constituents. These records must be kept for at least 

three (3) years;

(b) For the purposes of this section, the VOC content shall be calculated 

according to the following equation:

VOC Content = B - C x 100

 A

where:

A = total net weight of unit, excluding container and packaging;

B = total weight of all VOCs, as defined in § 799, per unit;
42

C = total weight of VOCs exempted under § 721, per unit;

(c) If product records appear to demonstrate compliance with the VOC limits, 

but these records are contradicted by product testing performed using 

CARB Method 310, the results of CARB Method 310 shall take 

precedence over the product records and may be used to establish a 

violation of District of Columbia regulations.

734.4 Testing to determine whether a product is a liquid or solid shall be performed 

using ASTM D4359-90(2000)e1, including any subsequent amendments, which 

are incorporated by reference herein.

734.5 Testing to determine compliance with the certification requirements for charcoal 

lighter material shall be performed using the procedures specified in the South 

Coast Air Quality Management District Rule 1174 Ignition Method Compliance 

Certification Protocol (February 28, 1991), including any subsequent 

amendments, which are incorporated by reference herein.

734.6 Testing to determine distillation points of petroleum distillate-based charcoal 

lighter materials shall be performed using ASTM D86-04b, including any 

subsequent amendments, which are incorporated by reference herein.

734.7 No person shall create, alter, falsify, or otherwise modify records in such a way 

that the records do not accurately reflect the constituents used to manufacture a 

product, the chemical composition of the individual product, and any other tests, 

processes, or records used in connection with product manufacture.

735 PORTABLE FUEL CONTAINERS AND SPOUTS – GENERAL

REQUIREMENTS is repealed and replaced with:

735 CONSUMER PRODUCTS – ALTERNATIVE CONTROL PLANS

735.1 This section provides an alternate method to comply with the Table of Standards 

specified in § 720.1. This alternative is provided by allowing responsible parties 

the option of voluntarily entering into separate Alternative Control Plan (ACP) 

Agreements for consumer products, identified in §§ 719 through 737. Only 

responsible ACP parties for consumer products may enter into an ACP.

735.2 Any manufacturer of consumer products which has been granted an ACP 

Agreement by CARB under the provisions in Subchapter 8.5, Article 4, §§ 94540-

94555, of Title 17 of the California Code of Regulations, shall be exempt from the 

Table of Standards in § 720.1 for the period of time that the CARB ACP 

Agreement remains in effect, provided that all ACP Products used for emissions 

credits within the CARB ACP Agreement are contained in the Table of Standards 

in § 720.1 of this chapter. Any manufacturer claiming such an ACP Agreement 
43

must submit to the Department a copy of the CARB ACP decision including the 

executive order and all conditions established by CARB applicable to the 

exemption.

735.3 Manufacturers that have been granted an ACP Agreement under the ACP 

provision in Subchapter 8.5, Article 4, §§ 94540-94555, of Title 17 of the 

California Code of Regulations based on California specific data, or that have not 

been granted an exemption by the CARB, may apply to the Department for an 

ACP Agreement in accordance with §§ 735.4 to 735.23. 

735.4 An application for an ACP shall be submitted in writing to the Department by the 

responsible ACP party and shall contain all of the following information:

(a) An identification of the contact persons, phone numbers, names, and 

addresses of the responsible ACP party that is submitting the ACP 

application and will be implementing the ACP requirements specified in 

the ACP Agreement; 

(b) A statement of whether the responsible ACP party is a small business or a 

one-product business, as defined in § 799; 

(c) A listing of the exact product brand name, form, available variations 

including but not limited to flavors, scents, colors, and sizes, and 

applicable product categories for each distinct product that is proposed for 

inclusion in the ACP;

(d) A demonstration to the satisfaction of the Department that the enforceable 

sales records used by the responsible ACP party to track product sales for 

each proposed ACP product identified in paragraph (c) of this subsection 

meet the minimum criteria of seventy-five percent (75%) of the District of 

Columbia gross sales as specified in subparagraph (d)(5) of this 

subsection. To provide this demonstration, the responsible ACP party shall 

meet all of the following requirements:

(1) Provide the contact persons, phone numbers, names, street and 

mailing addresses of all persons and businesses who will provide 

information that will be used to determine the enforceable sales; 

(2) Determine the enforceable sales of each product using enforceable 

sales records as defined in § 799; 

(3) Demonstrate to the satisfaction of the Department the validity of 

the enforceable sales based on enforceable sales records provided 

by the contact persons or the responsible ACP party;
44

(4) Calculate the percentage of the District of Columbia gross sales, as 

defined in § 799, that is comprised of enforceable sales; and

(5) Determine which ACP products have enforceable sales that are 

seventy-five percent (75%) or more of the District of Columbia 

gross sales. Only ACP products meeting these criteria shall be 

allowed to be sold in the District of Columbia under an ACP; 

(e) For each of the ACP products identified in subparagraph (d)(5) of this 

subsection:

(1) Legible copies of the existing labels for each product; and

(2) The VOC content and LVP content for each product for the 

following time periods:

(A) At the time the application for an ACP is submitted; and

(B) At any time within the four (4) years before the date of 

submittal of the application for an ACP, if either the VOC 

or LVP contents have varied by more than plus or minus 

ten percent (+/- 10%) of the VOC or LVP contents reported 

in § 735.4(e)(2)(A);

(f) A written commitment obligating the responsible ACP party to date code 

every unit of each ACP product approved for inclusion in the ACP. The 

commitment shall require the responsible ACP party to display the datecode on each ACP product container or package no later than five (5) 

working days after the date an approved ACP is signed by the Department; 

(g) An operational plan covering all the products identified under 

subparagraph (d)(5) of this subsection for each compliance period that the 

ACP will be in effect. The operational plan shall contain all of the 

following: 

(1) An identification of the compliance periods and dates for the 

responsible ACP party to report the information required by the 

Department in the ACP Agreement approving an ACP:

(A) The length of the compliance period shall be chosen by the 

responsible ACP party provided, however, that no 

compliance period shall be longer than three hundred sixtyfive (365) days; and

(B) The responsible ACP party shall also choose the dates for 

reporting information such that all required VOC content 
45

and enforceable sales data for ACP products shall be 

reported to the Department at the same time and at the 

same frequency; 

(2) An identification of specific enforceable sales records to be 

provided to the Department for enforcing the provisions of §§ 719 

through 737 and the ACP Agreement approving an ACP. The 

enforceable sales records shall be provided to the Department no 

later than the compliance period dates specified in subparagraph 

(g)(1) of this subsection; 

(3) For a small business or a one-product business that will be relying 

to some extent on surplus trading to meet its ACP limits, a written 

commitment from the responsible ACP parties that they will be 

transferring the surplus reductions to the small business or oneproduct business upon approval of the ACP; 

(4) For each ACP product, all VOC content levels which will be 

applicable for the ACP product during each compliance period;

(5) The plan shall also identify the specific method(s) by which the 

VOC content will be determined and the statistical accuracy and 

precision, including repeatability and reproducibility, calculated 

for each specified method; 

(6) The projected enforceable sales for each ACP product and the 

different VOC contents for each compliance period that the ACP 

will be in effect;

(7) A detailed demonstration showing the combination of specific 

ACP reformulations or surplus trading, if applicable, that is 

sufficient to ensure that the ACP emissions will not exceed the 

ACP limit for each compliance period that the ACP will be in 

effect, the approximate date within each compliance period that 

such reformulations or surplus trading are expected to occur, and 

the extent to which the VOC contents of the ACP products will be 

reduced (such as, by ACP reformulation);

(A) This demonstration shall use the equations specified in §

799 for projecting the ACP emissions and ACP limits 

during each compliance period; and

(B) This demonstration shall also include all VOC content 

levels and projected enforceable sales for all ACP products 

to be sold in the District of Columbia during each 

compliance period; 
46

(8) A certification that all reductions in the VOC content of a product 

will be real, actual reductions that do not result from changing 

product names, mischaracterizing ACP product reformulations that 

have occurred in the past, or any other attempts to circumvent the 

provisions of §§ 719 through 737; 

(9) Written explanations of the date-codes that will be displayed on 

each ACP product container or packaging;

(10) A statement of the approximate dates by which the responsible 

ACP party plans to meet the applicable ACP VOC standards for 

each product in the ACP; and

(11) A plan for reconciling shortfalls that commits the responsible ACP 

party to completely reconcile any shortfalls in all cases, even, to 

the extent permitted by law, if the responsible ACP party files for 

bankruptcy protection. The plan for reconciliation of shortfalls 

shall contain: 

(A) A clear and convincing demonstration of how shortfalls of 

up to five, ten, fifteen, twenty-five, fifty, seventy-five, and 

one hundred percent (5%, 10%, 15%, 25%, 50%, 75% and 

100%) of the applicable ACP Limit will be completely 

reconciled within ninety (90) days from the date the 

shortfall is determined; 

(B) A listing of the specific records and other information that 

will be necessary to verify that the shortfalls were 

reconciled as specified in this paragraph; and 

(C) A commitment to provide any record or information 

requested by the Department to verify that the shortfalls 

have been completely reconciled; and 

(h) A declaration, signed by a legal representative for the responsible ACP 

party, stating that all information and operational plans submitted with the 

ACP application are true and correct.

735.5 In accordance with the time periods specified in § 735.7, the Department shall 

issue an ACP Agreement approving an ACP application that meets the 

requirements of §§ 719 through 737. The Department shall specify such terms and 

conditions as are necessary to ensure that the emissions from the ACP products do 

not exceed the emissions that would have occurred if the ACP products subject to 

the ACP had met the VOC standards specified in the Table of Standards in §

720.1. The ACP Agreement shall also include:
47

(a) Only those ACP products for which the enforceable sales are at least 

seventy-five percent (75%) of the District of Columbia gross sales, as 

determined in § 735.4(d); 

(b) A reconciliation of shortfalls plan meeting the requirements of §

735.4(g)(11); and 

(c) Operational terms, conditions, and data to be reported to the Department 

to ensure that all requirements of §§ 719 through 736 are met. 

735.6 The Department shall not approve an ACP submitted by a responsible ACP party 

if the Department determines, upon review of the responsible ACP party's 

compliance history with past or current ACPs or the requirements for consumer 

products in §§ 719 through 731, that the responsible ACP party has a recurring 

pattern of violations and has consistently refused to take the necessary steps to 

correct those violations.

735.7 Unless the Department and the responsible party mutually agree to a different 

period of action, the Department shall take appropriate action on an ACP 

application within the following time periods:

(a) Within thirty (30) days of receipt of an ACP application, the Department 

shall inform the applicant in writing that either:

(1) The application is complete and accepted for filing; or 

(2) The application is deficient, and the Department shall identify the 

specific information required to make the application complete;

(b) Within thirty (30) days of receipt of additional information provided in 

response to a determination that an ACP application is deficient, the 

Department shall inform the applicant in writing that either:

 (1) The additional information is sufficient to make the application 

complete, and the application is accepted for filing; or

 (2) The application is deficient, and the Department shall identify the 

specific information required to make the application complete; 

(c) The Department shall act to approve or disapprove a complete application 

within ninety (90) days after the application is deemed complete.

735.8 All information specified in the ACP Agreement shall be maintained by the 

responsible ACP party for a minimum of three (3) years after such records are 

generated and shall meet the following requirements:
48

(a) Such records shall be clearly legible and maintained in good condition 

during this period; and

(b) The records specified in § 735.4 shall be made available to the 

Department:

(1) Immediately upon request, during an on-site visit to a responsible 

ACP party; 

(2) Within five (5) working days after receipt of a written request from 

the Department; or

(3) Within a time period mutually agreed upon by both the Department 

and the responsible ACP party.

735.9 Any person who commits a violation of this chapter is subject to the penalties 

specified in 20 DCMR § 105. Failure to meet any condition of an applicable ACP 

Agreement shall constitute a single, separate violation for each day until such 

requirement or condition is satisfied, unless otherwise provided in paragraphs (a) 

through (i) of this subsection:

(a) False reporting of any information contained in an ACP application, or 

any supporting documentation or amendments thereto shall constitute a 

single, separate violation for each day that the approved ACP is in effect; 

(b) Any exceedance during the applicable compliance period of the VOC 

content specified for an ACP product and which is included in the ACP 

Agreement approving an ACP shall constitute a single, separate violation 

for each ACP product which exceeds the specified VOC content that is 

sold, supplied, offered for sale, or manufactured for use in the District of 

Columbia;

(c) Any of the following actions shall each constitute a single, separate 

violation for each day after the applicable deadline until the requirement is 

satisfied:

(1) Failure to report data to the Department, including but not limited 

to missing data, or failure to report data accurately in writing 

regarding the VOC content, LVP content, enforceable sales, or any 

other information required by any deadline specified in the 

applicable ACP Agreement; 

(2) False reporting of any information submitted to the Department for 

determining compliance with the ACP requirements; 
49

(3) Failure to completely implement the reconciliation of shortfalls 

plan that is set forth in the ACP Agreement, within thirty (30) days 

from the date of written notification of a shortfall by the 

Department; and

(4) Failure to completely reconcile the shortfall as specified in the 

ACP Agreement, within ninety (90) days from the date of written 

notification of a shortfall by the Department; 

(d) False reporting or failure to report any of the information specified in §

735.10, or the sale or transfer of invalid surplus reductions, shall constitute 

a single, separate violation for each day during the time period for which 

the surplus reductions are claimed to be valid; 

(e) Except as provided in § 735.9(f), any exceedance of the ACP limit for any 

compliance period that the ACP is in effect shall constitute a single, 

separate violation for each day of the applicable compliance period. The 

Department shall determine whether an exceedance of the ACP limit has 

occurred as follows:

(1) If the responsible ACP party has provided all required information 

for the applicable compliance period specified in the ACP 

Agreement approving an ACP, then the Department shall 

determine whether an exceedance has occurred using the 

enforceable sales records and VOC content for each ACP product, 

as reported by the responsible ACP party for the applicable 

compliance period; and

(2) If the responsible ACP party has failed to provide all the required 

information specified in the ACP Agreement for an applicable 

compliance period, the Department shall determine whether an 

exceedance of the ACP limit has occurred as follows:

(A) For the missing data days, the Department shall calculate 

the total maximum historical emissions, as specified in §

799; 

(B) For the remaining portion of the compliance period which 

are not missing data days, the Department shall calculate 

the emissions for each ACP product using the enforceable 

sales records and VOC content that were reported for that 

portion of the applicable compliance period; 

(C) The ACP emissions for the entire compliance period shall 

be the sum of the total maximum historical emissions, 

determined pursuant to subparagraph (e)(2)(A) of this 
50

subsection, and the emissions determined pursuant to 

subparagraph (e)(2)(B) of this subsection; 

(D) The Department shall calculate the ACP limit for the entire 

compliance period using the ACP standards applicable to 

each ACP product and the enforceable sales records 

specified in subparagraph (e)(2)(B) of this subsection. The 

enforceable sales for each ACP product during missing data 

days, as specified in subparagraph (e)(2)(A) of this 

subsection, shall be zero (0); and

(E) An exceedance of the ACP limit has occurred when the 

ACP emissions, determined pursuant to subparagraph 

(e)(2)(C) of this subsection exceeds the ACP limit, 

determined pursuant to subparagraph (e)(2)(D) of this 

subsection; 

(f) If a violation specified in paragraph (e) of this section occurs, the 

responsible ACP party may, pursuant to this paragraph, establish the 

number of violations as calculated according to the following equation:

NEV = (ACP Emissions - ACP Limit) x 1 Violation/40 Pounds 

where:

NEV = number of ACP Limit violations;

ACP Emissions = the ACP Emissions for the compliance period;

ACP Limit = the ACP Limit for the compliance period; and

 The responsible ACP party may determine the number of ACP Limit 

violations pursuant to this paragraph only if it has provided all required 

information for the applicable compliance period, as specified in the ACP 

Agreement approving the ACP. By choosing this option, the responsible 

ACP party waives all legal objections to the calculation of the ACP Limit 

violations pursuant to this subsection;

(g) In assessing the amount of penalties for any violation occurring pursuant 

to paragraphs (a) through (f) of this section, the circumstances identified in 

applicable District of Columbia health and safety laws and regulations 

shall be taken into consideration; 

(h) A cause of action against a responsible party under this section shall be 

deemed to accrue on the date(s) when the records establishing the 
51

violation are received by the Department or when documents are not 

received as requested by the Department; and

(i) The responsible ACP party is fully liable for compliance with the 

requirements of this subsection, even if the responsible ACP party 

contracts with or otherwise relies on another person to carry out some or 

all of the requirements of this subsection.

735.10 The Department shall issue surplus reduction certificates, which establish and 

quantify, to the nearest pound of VOC reduced, any surplus reductions achieved 

by a responsible ACP party operating under an ACP. All surplus reductions shall 

be calculated by the Department at the end of each compliance period within the 

time specified in the approved ACP. Surplus reductions can be bought from, sold 

to, or transferred to a responsible ACP party operating under an ACP, according 

to the following provisions:

(a) Surplus reduction certificates shall not constitute instruments, securities, 

or any other form of property;

(b) For the purposes of this regulation, VOC reductions from sources of 

VOCs other than consumer products subject to the VOC standards 

specified in the Table of Standards in § 720.1 may not be used to generate 

surplus reductions;

(c) Surplus reductions are valid only when generated by a responsible ACP 

party and only while that responsible ACP party is operating under an 

approved ACP; 

(d) Surplus reductions are valid only after the Department has issued an ACP 

Agreement pursuant to § 735; 

(e) Surplus reductions issued by the Department may be used by the 

responsible ACP party who generated the surplus until, pursuant to §

735.17:

(1) The reductions expire;

(2) The reductions are traded; or 

(3) The ACP is canceled;

(f) Surplus reductions cannot be applied retroactively to any compliance 

period before the compliance period in which the reductions were 

generated; 
52

(g) Only small or one-product businesses selling products under an approved 

ACP may purchase surplus reductions, except as provided in §

735.10(h)(2). An increase in the size of a small business or one-product 

business shall have no effect on surplus reductions purchased by that 

business before the date of the increase; 

(h) While valid, surplus reductions may be used only for the following 

purposes:

(1) To adjust the ACP emissions of either the responsible ACP party 

who generated the reductions or the responsible ACP party to 

which the reductions were traded, provided the surplus reductions

are not to be used by any responsible ACP party to further lower 

its ACP emissions when its ACP emissions are equal to or less 

than the ACP limit during the applicable compliance period; or

(2) To be traded for the purpose of reconciling another responsible 

ACP party's shortfalls, provided such reconciliation is part of the 

reconciliation of shortfalls plan approved by the Department 

pursuant to § 735.4(g)(11);

(i) A valid surplus reduction shall be in effect starting five (5) days after the 

date of issuance by the Department, for a continuous period equal to the 

number of days in the compliance period during which the surplus 

reduction was generated. The surplus reduction shall then expire at the end 

of its effective period;

(j) At least five (5) working days before the effective date of transfer of 

surplus reductions, both the responsible ACP party that is selling surplus 

reductions and the responsible ACP party that is buying the surplus 

reductions shall, either together or separately, notify the Department in 

writing of the transfer. The notification shall include all of the following:

(1) The date the transfer is to become effective; 

(2) The date the surplus reductions being traded are due to expire; 

(3) The amount in pounds of VOCs of surplus reductions that are 

being transferred; 

(4) The total purchase price paid by the buyer for the surplus 

reductions; 

(5) The contact persons, names of the companies, street and mail 

addresses, and telephone numbers of the responsible ACP parties 

involved in the trading of the surplus reductions; and
53

(6) A copy of the District of Columbia-issued surplus reductions 

certificate, signed by both the seller and buyer of the certificate, 

showing transfer of all or a specified portion of the surplus 

reductions;

(A) The copy shall show the amount of any remaining nontraded surplus reductions, if applicable, and their expiration 

date; and

(B) The copy shall indicate that both the buyer and seller of the 

surplus reductions fully understand the conditions and 

limitations placed upon the transfer of the surplus 

reductions and accept full responsibility for the appropriate 

use of such surplus reductions as provided in this section; 

and 

(k) Surplus reduction credits shall only be traded between ACP parties for 

consumer products.

735.11 The use of limited-use surplus reduction credits for early reformulations of ACP 

products shall comply with the following provisions:

(a) For the purposes of this section, early reformulation means an ACP 

product that is reformulated to result in a reduction in the product's VOC 

content, and which is sold, supplied, or offered for sale in the District of 

Columbia for the first time during the three hundred sixty-five (365) day 

period immediately before the date wherein the application for a proposed 

ACP is submitted to the District. Early reformulation does not include any 

reformulated ACP product that is sold, supplied, or offered for sale in the 

District of Columbia more than one (1) year before the date on which the 

ACP application is submitted to the Department; 

(b) If requested in the application for an ACP, the Department shall, upon 

approval of the ACP, issue surplus reduction credits for early 

reformulations of ACP products, provided that all of the following 

documentation has been submitted by the responsible ACP party to the 

satisfaction of the Department:

(1) Accurate documentation showing that the early reformulation 

reduced the VOC content of the ACP product to a level that is 

below the pre-ACP VOC content of the product, or below the 

applicable VOC standard specified in the Table of Standards in §

720.1, whichever is the lesser of the two; 
54

(2) Accurate documentation demonstrating that the early reformulated 

ACP product was sold in District of Columbia retail outlets within 

the time period specified in paragraph (a) of this section; 

(3) Accurate sales records for the early reformulated ACP product that 

meet the definition of enforceable sales records as defined in §

799, and which demonstrate that the enforceable sales for the ACP 

product are at least seventy-five percent (75%) of the District of 

Columbia gross sales for the product, as specified in § 735.4(d); 

and

(4) Accurate documentation for the early reformulated ACP product 

that meets the requirements specified in § 735.4(c)-(d), § 

735.4(g)(8)-(9), and which identifies the specific test methods for 

verifying the claimed early reformulation(s) and the statistical 

accuracy and precision of the test methods as specified in §

735.4(g)(4)-(5);

(c) Surplus reduction credits issued pursuant to this section shall be calculated 

separately for each early reformulated ACP product by the Department 

according to the following equation:

SR = Enforceable Sales x ((VOC Content)initial (VOC Content)final) 100

where:

SR = Surplus Reductions for the ACP product, expressed to the 

nearest pound;

Enforceable

Sales = the Enforceable Sales for the early reformulated ACP 

product, expressed to the nearest pound of ACP product;

VOC 

Contentinitial = the Pre-ACP VOC content of the ACP product, or the 

applicable VOC standard specified in §720, whichever is 

the lesser of the two, expressed to the nearest one tenth of 

a pound (0.1 lb.) of VOC per one hundred pounds (100 

lb.) of ACP product;

VOC

Contentfinal = the VOC Content of the early reformulated ACP product 

after the early reformulation is achieved, expressed to the 

nearest one tenth of a pound (0.1 lb.) of VOC per one 

hundred pounds (100 lb.) of ACP product; and

(d) The use of surplus reduction credits issued pursuant to this section shall be 

subject to all of the following provisions:
55

(1) Surplus reduction credits shall be used solely to reconcile the 

responsible ACP party's shortfalls, if any, generated during the first 

compliance period occurring immediately after the issuance of the 

ACP Agreement approving an ACP, and shall not be used for any 

other purpose;

(2) Surplus reduction credits shall not be transferred to, or used by, 

any other responsible ACP party; and

(3) Except as provided in this section, surplus reduction credits shall 

be subject to all requirements applicable to surplus reductions and 

surplus trading, as specified in § 735.10. 

735.12 At the end of each compliance period, the responsible ACP party shall make an 

initial calculation of any shortfalls occurring in that compliance period, as 

specified in the ACP Agreement approving the ACP. Upon receipt of this 

information, the Department shall determine the amount of any shortfall that has 

occurred during the compliance period, and shall notify the responsible ACP party 

of this determination:

(a) The responsible ACP party shall implement the reconciliation of shortfalls 

plan as specified in the ACP Agreement approving the ACP, within thirty 

(30) days from the date of written notification of a shortfall by the District;

(b) All shortfalls shall be completely reconciled within ninety (90) days from 

the date of written notification of a shortfall by the Department, by 

implementing the reconciliation of shortfalls plan specified in the ACP 

Agreement approving the ACP; and 

(c) All requirements specified in the ACP Agreement approving an ACP, 

including all applicable ACP limits, shall remain in effect while any 

shortfalls are in the process of being reconciled.

735.13 The responsible ACP party shall notify the Department, in writing, of any change 

in an ACP product's name, formulation, form, function, applicable product 

categories, VOC content, LVP content, date-codes, or recommended product 

usage directions, no later than fifteen (15) days from the date such a change 

occurs. These modifications do not need Department pre-approval, but the 

notification shall fully explain the following:

(a) The nature of the modification;

(b) The extent to which the ACP product formulation, VOC content, LVP 

Content, or recommended usage directions will be changed;
56

(c) The extent to which the ACP emissions and ACP limit specified in the 

ACP Agreement will be changed for the applicable compliance period; 

and 

(d) The effective date and corresponding date-codes for the modification.

735.14 Modifications to the enforceable sales records or reconciliation of shortfalls plan 

specified in the ACP Agreement approving the ACP require Department preapproval and shall comply with the following requirements:

(a) Any such proposed modifications shall be fully described in writing and 

forwarded to the Department;

(b) The responsible ACP party shall clearly demonstrate that the proposed 

modifications will meet the requirements of §§ 719 through 737; and 

(c) The Department shall act on the proposed modifications using the 

procedure set forth in § 735.7. The responsible ACP party shall meet all 

applicable requirements of the existing ACP until such time that any 

proposed modification is approved in writing by the Department.

735.15 Except as otherwise provided in § 735.13 and 735.14, the responsible ACP party 

shall notify the Department, in writing, of any information learned of by the 

responsible ACP party which may alter any of the information submitted pursuant 

to the requirements of § 735. The responsible ACP party shall provide such 

notification to the Department no later than fifteen (15) working days from the 

date such information is known to the responsible ACP party.

735.16 To ensure that the ACP meets all of the requirements of this chapter and that the 

ACP emissions will not exceed the ACP limit, the District shall modify the ACP 

under the following conditions as necessary:

(a) If the District determines that: 

(1) The enforceable sales for an ACP product are no longer at least 

seventy-five percent (75%) of the District of Columbia gross sales 

for that product;

(2) The information submitted pursuant to the approval process set 

forth in §735 is no longer valid; or

(3) The ACP emissions are exceeding the ACP limit specified in the 

ACP Agreement approving an ACP; 
57

(b) If the responsible ACP party has had an opportunity for a public hearing in 

accordance with the District of Columbia Administrative Procedures Act, 

D.C. Official Code §§ 2-501, et seq.(2006 Repl.), to determine if the ACP 

should be modified; and

(c) If any applicable VOC standards specified in the Table of Standards in §

720.1 are modified by the California Air Resources Board (CARB) in a 

future rule making, the Department shall modify the ACP limit specified 

in the ACP Agreement approving an ACP to reflect the modified ACP 

VOC standards as of their effective dates.

735.17 An ACP shall remain in effect until the following occurs:

(a) The ACP reaches the expiration date specified in the ACP Agreement;

(b) The ACP is modified by the responsible ACP party and approved by the 

Department, as provided in § 735.13 and 735.14;

(c) The ACP is modified by the Department, as provided in § 735.16;

(d) The ACP includes a product for which the VOC standard specified in the 

Table of Standards in § 720.1 is modified by the Department in a future 

rule making, and the responsible ACP party informs the Department in 

writing that the ACP will terminate on the effective date of the modified 

standard; or

(e) The ACP is cancelled pursuant to § 735.18.

735.18 The Department shall cancel an ACP if any of the following circumstances occur:

(a) The responsible ACP party demonstrates to the satisfaction of the 

Department that the continuation of the ACP will result in an 

extraordinary economic hardship;

(b) The responsible ACP party violates the requirements of the approved 

ACP, and the violation results in a shortfall that is twenty percent (20%) or 

more of the applicable ACP limit, meaning that the ACP Emissions 

exceed the ACP Limit by twenty percent (20%) or more;

(c) The responsible ACP party fails to meet the requirements of § 735.12 

within the time periods specified in § 735.12; or

(d) The responsible ACP party has demonstrated a recurring pattern of 

violations and has consistently failed to take the necessary steps to correct 

those violations.
58

735.19 The Department shall not cancel an ACP pursuant to § 735.18 without first 

affording the responsible ACP party an opportunity for a public hearing in 

accordance with the District of Columbia Administrative Procedures Act, D.C. 

Official Code §§ 2-501, et seq.(2006 Repl.), to determine if the ACP should be 

canceled.

735.20 The responsible ACP party for an ACP that is canceled pursuant to this section 

and who does not have a valid ACP to immediately replace the canceled ACP 

shall meet all of the following requirements:

(a) All remaining shortfalls in effect at the time of ACP cancellation shall be 

reconciled in accordance with the requirements of § 735.12; and

(b) All ACP products subject to the ACP shall be in compliance with the 

applicable VOC standards in the Table of Standards in § 720.1

immediately upon the effective date of ACP cancellation.

735.21 Any violations incurred pursuant to § 735.9 shall not be cancelled or in any way 

affected by the subsequent cancellation or modification of an ACP pursuant to § 

735.13 through 735.18.

735.22 The information required by § 735.4(a), 735.4(b), and 735.10 is public 

information that may not be claimed as confidential. All other information 

submitted to the Department to meet the requirements of this regulation shall be 

handled in accordance with the District of Columbia confidentiality requirements 

in 20 DCMR § 106.

735.23 A responsible ACP party may transfer an ACP to another responsible ACP party, 

provided that all of the following conditions are met:

(a) The Department shall be notified, in writing, by both responsible ACP 

parties participating in the transfer of the ACP and its associated ACP 

Agreement;

(1) The written notifications shall be postmarked at least five (5) 

working days before the effective date of the transfer and shall be 

signed and submitted separately by both responsible parties; and

(2) The written notifications shall clearly identify the contact persons, 

business names, mail and street addresses, and telephone numbers 

of the responsible parties involved in the transfer; and

(b) The responsible ACP party to which the ACP is being transferred shall 

provide a written declaration stating that the transferee shall fully comply 

with all requirements of the ACP Agreement.
59

736 PORTABLE FUEL CONTAINERS AND SPOUTS – PERFORMANCE 

STANDARDS is repealed and replaced with:

736 CONSUMER PRODUCTS – INNOVATIVE PRODUCTS EXEMPTION

736.1 Any manufacturer claiming an exemption from the Table of Standards in § 720.1

based on a CARB Innovative Products exemption under the Innovative Products 

provisions in Subchapter 8.5, Article 2, § 94511, or Subchapter 8.5, Article 1, §

94503.5 of Title 17 of the California Code of Regulations, must submit to the 

Department a copy of the CARB Innovative Product exemption decision 

including the executive order and all conditions established by CARB applicable 

to the exemption. 

736.2 Manufacturers of consumer products that have been granted an Innovative 

Products exemption under the Innovative Products provisions in Subchapter 8.5, 

Article 2, § 94511, or Subchapter 8.5, Article 1, § 94503.5 of Title 17 of the

California Code of Regulations based on California specific data, or that have not 

been granted an exemption by CARB, may apply for an Innovative Products 

exemption from the District of Columbia if the product meets the following 

criteria:

(a) The manufacturer demonstrates by clear and convincing evidence that due 

to some characteristic of the product formulation, design, delivery systems 

or other factors, the use of the product will result in less VOC emissions as 

compared to: 

(1) The VOC emissions from a representative consumer product which 

complies with the VOC limits specified in the Table of Standards 

in § 720.1; or 

(2) The calculated VOC emissions from a non-complying 

representative product, if the product had been reformulated to 

comply with the VOC limits specified in the Table of Standards in 

§ 720.1; and 

(3) VOC emissions shall be calculated using the following equation: 

ER = ENC x VOCSTD  ̧ VOCNC

where:

ER = The VOC emissions from the non-complying 

representative product, had it been reformulated;

ENC = The VOC emissions from the non-complying 

representative product in its current formulation;
60

VOCSTD = The VOC limit specified in the Table of Standards in 

§ 720.1; and

VOCNC = The VOC content of the non-complying product in its 

current formulation;

(b) If a manufacturer demonstrates that the equation in paragraph (a) of this 

section yields inaccurate results due to some characteristic of the product 

formulation or other factors, an alternative method that accurately 

calculates emissions may be used upon approval of the Department;

(c) For the purposes of this section, representative consumer product means a 

consumer product that meets all of the following criteria: 

(1) The representative product shall be subject to the same VOC limit 

in the Table of Standards in § 720.1 as the innovative product; 

(2) The representative product shall be of the same product form as the 

innovative product, unless the innovative product uses a new form 

that does not exist in the product category at the time the 

application is made; and

(3) The representative product shall have at least similar efficacy as 

other consumer products in the same product category based on 

tests generally accepted for that product category by the consumer 

products industry;

(d) To apply for an innovative products exemption under this section, a 

manufacturer shall submit a written application to the Department, which 

includes:

(1) The supporting documentation that demonstrates the emissions 

from the innovative product, including the actual physical test 

methods used to generate the data and, if necessary, the consumer 

testing undertaken to document product usage; and

(2) Any information necessary to enable the Department to establish 

enforceable conditions for granting the exemption including the 

VOC content for the innovative product and test methods for 

determining the VOC content;

(e) The Department shall comply with the following process in responding to 

applications for exemptions:
61

(1) All information submitted by a manufacturer pursuant to paragraph 

(d) shall be handled in accordance with the District of Columbia 

confidentiality requirements in 20 DCMR § 106;

(2) Within thirty (30) days of receipt of the exemption application the 

Department shall determine whether an application is complete;

(3) Within ninety (90) days after an application has been deemed 

complete, the Department shall determine whether, under what 

conditions, and to what extent, an exemption from the 

requirements of §720 will be permitted;

(A) The applicant and the Department may mutually agree to a 

longer time period for reaching a decision; and 

(B) Additional supporting documentation may be submitted by 

the applicant before a decision is reached;

(4) The Department shall notify the applicant of the decision in writing 

and specify such terms and conditions that are necessary to ensure 

that emissions from the product will meet the emissions reductions 

specified in subparagraph (a)(1), and that such emissions 

reductions can be enforced; and

(5) In granting an exemption for a product, the Department shall 

establish conditions that are enforceable:

(A) These conditions shall include the VOC content of the 

innovative product, dispensing rates, application rates, and 

any other parameters determined by the Department to be 

necessary;

(B) The Department shall also specify the test methods for 

determining conformance to the conditions established; and

(C) The test methods shall include criteria for reproducibility, 

accuracy, sampling, and laboratory procedures;

(f) For any product for which an exemption has been granted pursuant to this 

section, the manufacturer shall notify the Department in writing within 

thirty (30) days of any change in the product formulation or recommended 

product usage directions, and shall also notify the Department within 

thirty (30) days if the manufacturer learns of any information which would 

alter the emissions estimates submitted to the Department in support of the 

exemption application;
62

(g) If the VOC limits specified in the Table of Standards in § 720.1 are 

lowered for a product category through any subsequent rulemaking, all 

innovative product exemptions granted for products in the product 

category shall have no effect as of the effective date of the modified VOC 

standard, except for those innovative products that have VOC emissions 

less than the applicable lowered VOC limit and for which a written 

notification of the product's emissions status versus the lowered VOC 

limit has been submitted to and approved by the Department at least sixty 

(60) days before the effective date of such limits; and

(h) If the Department believes that a consumer product for which an 

exemption has been granted no longer meets the criteria for an innovative 

product specified in this section, the Department may modify or revoke 

the exemption as necessary to ensure that the product will meet these 

criteria. The Department shall not modify or revoke an exemption without 

first affording the applicant an opportunity for a public hearing held in 

accordance with the District of Columbia Administrative Procedures Act, 

D.C. Official Code §§ 2-501, et seq.(2006 Repl.).

737 PORTABLE FUEL CONTAINERS AND SPOUTS - EXEMPTIONS FROM 

PERFORMANCE STANDARDS is repealed and replaced with:

737 CONSUMER PRODUCTS – VARIANCE REQUESTS

737.1 Any person who cannot comply with the requirements set forth in §§ 720 and 722 

through 731 because of extraordinary reasons beyond the person's reasonable 

control may apply in writing to the Department for a variance according to the 

following requirements: 

 (a) The variance application shall include:

(1) The specific grounds upon which the variance is sought; 

(2) The proposed date(s) by which compliance with the provisions of 

§§ 720 and 722 through 731 will be achieved; and

(3) A compliance report reasonably detailing the methods by which 

compliance will be achieved; 

(b) Upon receipt of a variance application containing the information required 

in paragraph (a), the Department shall hold a public hearing to determine 

whether, under what conditions, and to what extent, a variance from the 

requirements in §§ 720 and 722 through 731 is necessary and will be 

permitted according to the following requirements:
63

(1) A hearing shall be initiated no later than seventy-five (75) days 

after receipt of a variance application;

 

(2) Notice of the time and place of the hearing shall: 

(A) Be sent to the applicant by certified mail not less than thirty 

(30) days before the hearing;

(B) Be submitted for publication in the District of Columbia 

Register and sent to every person who requests such notice, 

not less than thirty (30) days before the hearing; and

(C) State that the parties may, but need not be, represented by 

counsel at the hearing;

(3) At least thirty (30) days before the hearing, the variance 

application shall be made available to the public for inspection; 

and

(4) Interested members of the public shall be allowed a reasonable 

opportunity to testify at the hearing and their testimony shall be 

considered; 

(c) Information submitted to the Department by a variance applicant may be 

claimed as confidential, and such information shall be handled in 

accordance with the District of Columbia confidentiality requirements in 

20 DCMR § 106. The Department may consider such confidential 

information in reaching a decision on a variance application; 

(d) No variance shall be granted unless all of the following findings are made:

(1) Because of reasons beyond the reasonable control of the applicant, 

requiring compliance with §§ 720 and 722 through 731 would 

result in extraordinary economic hardship; 

(2) The public interest in mitigating the extraordinary hardship to the 

applicant by issuing the variance outweighs the public interest in 

avoiding any increased emissions of air contaminants which would 

result from issuing the variance; and 

(3) The compliance report proposed by the applicant can reasonably 

be implemented, and will achieve compliance as expeditiously as 

possible; 

(e) Any variance order issued by the Department shall specify a final 

compliance date by which the requirements of §§ 720 and 722 through 
64

731 will be achieved. Any variance order shall contain a condition that 

specifies increments of progress necessary to ensure timely compliance, 

and such other conditions that the Department, in consideration of the 

testimony received at the hearing, finds necessary to carry out the 

purposes of applicable District of Columbia health and safety laws and 

regulations; 

(f) A variance shall cease to be effective upon failure of the party to whom 

the variance was granted to comply with any term or condition of the 

variance; and

(g) Upon the application of any person, the Department may review, and for 

good cause, modify or revoke a variance from requirements of §§ 720 and 

722 through 731 after holding a public hearing in accordance with the 

District of Columbia Administrative Procedures Act, D.C. Official Code 

§§ 2-501, et seq. (2006 Repl.).

738 PORTABLE FUEL CONTAINERS AND SPOUTS - LABELING

REQUIREMENTS is repealed. and the section is [RESERVED].

739 PORTABLE FUEL CONTAINERS AND SPOUTS – TESTING is repealed.

and the section is [RESERVED].

740 PORTABLE FUEL CONTAINERS AND SPOUTS – INNOVATIVE

PRODUCT EXEMPTION is repealed. and the section is [RESERVED].

741 PORTABLE FUEL CONTAINERS AND SPOUTS – VARIANCE: is 

repealed. and the section is [RESERVED].

742 SOLVENT CLEANING - GENERAL REQUIREMENTS is repealed. and 

the section is [RESERVED].

743 SOLVENT CLEANING - COLD CLEANING is repealed and replaced with:

743 ADHESIVES AND SEALANTS – GENERAL REQUIREMENTS 

743.1 This section applies to any person who, on or after January 1, 2012, supplies, 

sells, offers for sale, manufactures for sale, or uses or applies adhesives, sealants, 

or adhesive or sealant primers, except as provided in § 745.

743.2 For purposes of §§ 743 through 749 and of any definitions in §799 applicable to 

§§ 743 through 749, the District incorporates by reference rules and test methods 

from the California Air Resource Board (CARB), the South Coast Air Quality 

Management District (SCAQMD), and the American Society for Testing and 

Materials (ASTM), where specifically cited.
65

744 SOLVENT CLEANING - BATCH VAPOR CLEANING is repealed and 

replaced with:

744 ADHESIVES AND SEALANTS – VOC STANDARDS 

744.1 On and after January 1, 2012, no person shall sell, supply, offer for sale in the 

District of Columbia any adhesive, sealant, adhesive primer, or sealant primer 

manufactured on or after January 1, 2012, or manufacture for sale in the District 

of Columbia any adhesive, sealant, adhesive primer or sealant primer in excess of 

the applicable VOC content limits specified in the Table of Standards in § 744.2, 

except as provided in §§ 744.5 and 745.

744.2 No person shall use or apply any adhesive, sealant, adhesive primer, or sealant 

primer manufactured on and after January 1, 2012, within the District of 

Columbia in excess of the applicable VOC content limits specified in the 

following Table of Standards, except as provided in §§ 744.5 and 745:

Table of Standards. VOC Content Limits for Adhesives, Sealants, Adhesive 

Primers, Sealant Primers and Adhesives Applied to Particular Substrates.

Adhesive, sealant, adhesive 

primer or sealant primer 

category

VOC content 

limit (grams 

VOC per liter*)

CATEGORY 1: 

ADHESIVES

VOC Limits

(g/L)

ABS welding 400

Ceramic tile installation 130

Computer diskette jacket 

manufacturing 850

Contact or contact bond 250

Cove base installation 150

CPVC welding 490

Indoor floor covering 

installation 150

Metal to urethane/rubber 

molding or casting 850

Motor vehicle 250

Motor vehicle weatherstrip 750

Multi-purpose construction 200

Non-membrane roof 

installation/repair 300

Outdoor floor covering 

installation 250

Plastic cement welding 

(except ABS, PVC or CPVC) 510

PVC welding 510
66

Adhesive, sealant, adhesive 

primer or sealant primer 

category

VOC content 

limit (grams 

VOC per liter*)

Single-ply roof membrane 

installation/repair 250

Structural glazing 100

Thin metal laminating 780

Tire retread 100

Perimeter bonded sheet vinyl

flooring installation 660

Waterproof resorcinol glue 170

Sheet-applied rubber 

installation 850

CATEGORY 2: 

SEALANTS

VOC Limits in 

(g/L)

Architectural 250

Marine deck 760

Non-membrane roof 

installation / repair 300

Roadway 250

Single-ply roof membrane 450

Other 420

CATEGORY 3: 

ADHESIVE PRIMERS

VOC Limits in 

(g/L)

Automotive glass 700

Motor vehicle glass bonding 900

Plastic cement welding 650

Single-ply roof membrane 250

Traffic marking tape 150

Other 250

CATEGORY 4: SEALANT 

PRIMERS

VOC Limits in 

(g/L)

Architectural – non-porous 

material 250

Architectural – porous 

material 775

Marine deck 760

Other 750

CATEGORY 5: 

ADHESIVES APPLIED TO 

PARTICULAR 

SUBSTRATES

VOC Limits in 

(g/L)

Flexible vinyl 250

Fiberglass 200

Reinforced plastic composite 200
67

Adhesive, sealant, adhesive 

primer or sealant primer 

category

VOC content 

limit (grams 

VOC per liter*)

Metal 30

Porous material (other than 

wood) 120

Rubber 250

Wood 30

Other substrates 250

* The VOC content is determined as the weight of VOCs,

less water and exempt compounds as specified in §747.

744.3 The VOC content limits in the Table of Standards in § 744.2 for adhesives applied 

to particular substrates (such as, Category 5), shall apply as follows:

(a) If an operator uses an adhesive or sealant subject to a specific VOC 

content limit for such adhesive or sealant in the Table of Standards in §

744.2, such specific limit applies rather than an adhesive-to-substrate 

limit; and

(b) If an adhesive is used to bond dissimilar substrates together, the applicable 

substrate category with the highest VOC content shall be the limit for such 

use. 

744.4 Except as provided in §§ 744.5 and 745, any person subject to §§ 743 to 749 

using a surface preparation or cleanup solvent shall:

(a) Except as provided in paragraph (b) of this section for single-ply roofing, 

not use materials containing VOCs for surface preparation, unless the 

VOC content of the surface preparation solvent is less than seventy grams 

per liter (70 g./L);

(b) If a surface preparation solvent is used in applying single-ply roofing, not 

use materials for surface preparation containing VOCs, unless the 

composite vapor pressure of the surface preparation solvent, excluding 

water and exempt compounds, does not exceed forty-five millimeters of 

mercury (45 mm. Hg) at twenty degrees Celsius (20o C) or sixty-eight 

degrees Fahrenheit (68° F);

(c) Except as provided in paragraph (d) of this section, not use materials 

containing VOCs for the removal of adhesives, sealants, or adhesive or 

sealant primers from surfaces, other than spray application equipment, 

unless the composite vapor pressure of the solvent used, excluding water 

and exempt compounds, is less than forty-five millimeters of mercury (45 

mm. Hg) at twenty degrees Celsius (20o C) or sixty-eight degrees 

Fahrenheit (68° F); and
68

(d) Remove an adhesive, sealant, adhesive primer, or sealant primer from the 

parts of spray application equipment by: 

(1) An enclosed cleaning system, or an equivalent cleaning system as 

determined by the SCAQMD’s “General Test Method for 

Determining Solvent Losses from Spray Gun Cleaning Systems,” 

dated October 3, 1989;

(2) Using a solvent with a VOC content of seventy grams (70 g) of 

VOC per liter of material, or less; or 

(3) Soaking parts containing dried adhesive in a solvent as long as the 

composite vapor pressure, excluding water and exempt 

compounds, of the solvent is nine and one half millimeters of 

mercury (9.5 mm. Hg) at twenty degrees Celsius (20o C) or sixtyeight degrees Fahrenheit (68° F) or less and is kept in a closed 

container, which shall be closed except when depositing or 

removing parts of materials from the container. 

744.5 A person using an adhesive, sealant, adhesive primer, or sealant primer subject to 

§§ 743 to 749 may comply with § 744.2 and 744.4 using add-on air pollution 

control equipment if such equipment meets the following requirements:

(a) The VOC emissions from the use of all adhesives, sealants, adhesive 

primers, or sealant primers subject to §§ 743 to 749 are reduced by an 

overall capture and control efficiency of at least eighty-five percent (85%) 

by weight;

(b) The combustion temperature is continuously monitored if a thermal 

incinerator is operated; 

(c) Inlet and exhaust gas temperatures are continuously monitored if a 

catalytic incinerator is operated; 

(d) Control device efficiency is continuously monitored when a carbon 

absorber or control device other than a thermal or catalytic incinerator is 

operated; and

(e) Operation records sufficient to demonstrate compliance with the 

requirements of this section are maintained as required by § 746.

744.6 Any person using adhesives, sealants, adhesive primers, sealant primers, or

surface preparation or cleanup solvents subject to §§ 743 to 749 shall:
69

(a) Store or dispose of all absorbent materials, such as cloth or paper, which 

are moistened with adhesives, sealants, primers, or solvents subject to §§ 

743 to 749, in non-absorbent containers that shall be closed except when 

placing materials in or removing materials from the container;

(b) Store all VOC-containing adhesives, sealants, adhesive primers, sealant 

primers, surface preparation and cleanup solvents, and related waste 

materials in closed containers;

(c) Ensure that mixing and storage containers used for VOC-containing 

adhesives, sealants, adhesive primers, sealant primers, surface preparation 

and cleanup solvents, and related waste materials are kept closed at all 

times except when depositing or removing these materials;

(d) Minimize spills of VOC-containing adhesives, sealants, adhesive primers, 

sealant primers, surface preparation and cleanup solvents, and related 

waste materials;

(e) Convey VOC-containing adhesives, sealants, adhesive primers, sealant 

primers, surface preparation and cleanup solvents, and related waste 

materials from one location to another in closed containers or pipes; and

(f) Minimize VOC emission from cleaning of application, storage, mixing, 

and conveying equipment by ensuring that equipment cleaning is 

performed without atomizing the cleaning solvent and all spent solvent is 

captured in closed containers.

744.7 No person shall solicit, require the use or specify the application of any adhesive, 

sealant, adhesive primer, sealant primer, surface preparation or cleanup solvent if 

such use or application results in a violation of the provisions of 20 DCMR 

chapter 7. The prohibition of this subdivision shall apply to all written or oral 

contracts under which any adhesive, sealant, adhesive primer, sealant primer, and 

surface preparation or cleanup solvent subject to §§ 743 to 749 is to be used at 

any location in the District of Columbia.

745 SOLVENT CLEANING - IN-LINE VAPOR CLEANING is repealed and 

replaced with:

745 ADHESIVES AND SEALANTS – EXEMPTIONS AND EXCEPTIONS

745.1 The provisions of §§ 743 through 749 shall not apply to the use or sale of the 

following compounds:

(a) Adhesives, sealants, adhesive primers, or sealant primers being tested or 

evaluated in any research and development, quality assurance or analytical 

laboratory, provided records are maintained as required in § 746;
70

(b) Adhesives, sealants, adhesive primers, and sealant primers that are subject 

to VOC standards in 20 DCMR § 720;

(c) Adhesives and sealants that contain less than twenty grams (20 g.) of VOC 

per liter of adhesive or sealant, less water and less exempt compounds, as 

applied;

(d) Cyanoacrylate adhesives;

(e) Adhesives, sealants, adhesive primers, or sealant primers that are sold or 

supplied by the manufacturer or supplier in containers with a net volume 

of sixteen (16) fluid ounces or less, or a net weight of one pound (1 lb.) or 

less, except plastic cement welding adhesives and contact adhesives; or

(f) Contact adhesives that are sold or supplied by the manufacturer or supplier 

in containers with a net volume of one gallon (1 gal.) or less.

745.2 The requirements of §§ 743 through 749 shall not apply to the use of adhesives, 

sealants, adhesive primers, sealant primers, or surface preparation and cleanup 

solvents in the following operations:

(a) Tire repair operations, provided the label on the adhesive states “For Tire 

Repair Only”; 

(b) In the assembly, repair, and manufacture of aerospace components or 

undersea-based weapon system components;

(c) Medical equipment manufacturing; or

(d) Plaque laminating operations in which adhesives are used to bond clear, 

polyester acetate laminate to wood with lamination equipment installed 

before July 1, 1992. 

745.3 The provisions of §§ 743 through 749 shall not apply to a person who uses or 

applies any adhesive, sealant, adhesive primer, and sealant primer at a stationary 

source if the total VOC emissions from all adhesives, sealants, adhesive primers,

and sealant primers used at the stationary source are less than two hundred pounds 

(200 lb.) per calendar year, or an equivalent volume.

745.4 The provisions of § 744.2 and 744.4 shall not apply to the use of any adhesives, 

sealants, adhesive primers, sealant primers, cleanup solvents, and surface 

preparation solvents, provided the total volume of non-complying adhesives, 

sealants, primers, cleanup and surface preparation solvents applied facility-wide 

at a stationary source does not exceed fifty-five gallons (55 gal.) per calendar 

year.
71

745.5 Any person claiming an exemption pursuant to § 745.2(d) thru 745.4 shall record 

and maintain monthly operational records sufficient to demonstrate compliance, 

and in accordance with § 746.

745.6 Subsections 743 to 749 shall not apply to a manufacturer or distributor who sells, 

supplies or offers for sale in the District of Columbia any adhesive, sealant, 

adhesive primer, or sealant primer that does not comply with § 744.1 provided 

that such manufacturer or distributor makes and keeps records demonstrating:

(a) The adhesive, sealant, adhesive primer, or sealant primer is intended for 

shipment and use outside of the District of Columbia; and

(b) The manufacturer or distributor has taken reasonable precautions to assure 

that the adhesive, sealant, adhesive primer, or sealant primer is not 

distributed to, or within, the District of Columbia. 

745.7 Subsection 745.6 shall not apply to any adhesive, sealant, adhesive primer, or 

sealant primer that is sold, supplied, or offered for sale by any person to a retail 

outlet in the District of Columbia.

745.8 Subsection 744.1 shall not apply to the sale of any adhesive, sealant, adhesive 

primer, or sealant primer to a person using add-on air pollution control equipment, 

pursuant to § 744.5, to comply with the requirements of §§ 743 to 749.

745.9 The VOC content limits specified in the Table of Standards in § 744.2 shall not 

apply to any manufacturer or distributor who sells, supplies, or offers for sale any 

single-ply roof membrane installation or repair adhesive, single-ply roof 

membrane sealant, or single-ply roof membrane adhesive primer before January 

1, 2012.

746 SOLVENT CLEANING - AIRLESS AND AIR-TIGHT CLEANING is 

repealed and replaced with:

746 ADHESIVES AND SEALANTS – ADMINISTRATIVE REQUIREMENTS

746.1 Each person subject to §§ 743 through 749 shall maintain records demonstrating 

compliance with the regulations, including, but not limited to, the following 

information:

(a) A list of each adhesive, sealant, adhesive primer, sealant primer cleanup 

solvent, and surface preparation solvent in use and in storage;

(b) A data sheet or material list that provides the material name, manufacturer 

identification, and material application; 
72

(c) Catalysts, reducers, or other components used and the mix ratio;

(d) The VOC content of each product as supplied; 

(e) The final VOC content or vapor pressure, as applied; and

(f) The monthly volume of each adhesive, sealant, adhesive primer, sealant 

primer, cleanup or surface preparation solvent used.

746.2 Any person who complies with § 744.2 through the use of add-on air pollution 

control equipment shall record the key operating parameters for the control 

equipment, including, but not limited to, the following information:

(a) The volume used per day of each adhesive, sealant, adhesive primer, 

sealant primer, or solvent that is subject to a VOC content limit in the 

Table of Standards in § 744.2 and that exceeds such a limit;

(b) On a daily basis, the combustion temperature, inlet and exhaust gas 

temperatures, and control device efficiency, as appropriate, pursuant to §

744.5; 

(c) Daily hours of operation; and 

(d) All maintenance performed, including the date and type of maintenance.

746.3 All records made to determine compliance with this chapter shall be maintained 

for five (5) years from the date such record is created and shall be made available 

to the District of Columbia within ninety (90) days of a request.

746.4 For adhesives, sealants, adhesive primers, and sealant primers subject to the 

laboratory testing exemption pursuant to § 745.1(a), the person conducting the 

testing shall make and maintain records of all such materials used, including, but 

not limited to, the product name, the product category of the material or type of 

application, and the VOC content of each material.

747 SOLVENT CLEANING - ALTERNATIVE COMPLIANCE is repealed and 

replaced with:

747 ADHESIVES AND SEALANTS – COMPLIANCE PROCEDURES AND 

TEST METHODS 

747.1 Except as provided in § 747.3 through 747.5, the VOC and solids content of all 

non-aerosol adhesives, adhesive primers, surface preparation solvents, and 

cleanup solvents shall be determined using U.S. EPA Reference Method 24 (40 

C.F.R. Part 60, Appendix A or SCAQMD Method 304).
73

747.2 The organic content of exempt organic compounds shall be determined using 

ASTM D4457-85, as applicable. 

747.3 The VOC content of any plastic welding cement adhesive or primer shall be 

determined using SCAQMD Method 316A. 

747.4 To determine if a diluent is a reactive diluent, the percent of the reactive organic 

compound that becomes an integral part of the finished materials shall be 

determined using SCAQMD Method 316A.

747.5 The composite vapor pressure of organic compounds in cleaning materials shall 

be determined by quantifying the amount of each compound in the blend using 

gas chromatographic analysis (ASTM E 260-91) for organics and ASTM D3792-

79 for water content, as applicable, and the following equation: 

where:

Ppc = VOC composite partial pressure at twenty degrees Celsius (20° C)

or sixty-eight degrees Fahrenheit (68o F), in millimeters of mercury 

(mm. Hg); 

Wi = Weight of the "i"th VOC compound, in grams, as determined by 

ASTM E 260-91; 

Ww = Weight of water, in grams as determined by ASTM D 3792-86; 

We = Weight of the "i"th exempt compound, in grams, as determined by 

ASTM E 260-91;

Mwi = Molecular weight of the "i"th VOC compound, in grams per gmole, as given in chemical reference literature;

Mww = Molecular weight of water, eighteen grams (18 g.) per g-mole; 

Mwe = Molecular weight of the "i"th exempt compound, in grams per gmole, as given in chemical reference literature; and

Vpi = Vapor pressure of the "i"th VOC compound at twenty degrees 

Celsius (20o C) or sixty-eight degrees Fahrenheit (68o F), in 

millimeters of mercury (mm. Hg), as determined by § 747.6. 
74

747.6 The vapor pressure of each single component compound may be determined from 

ASTM D2879-86 or may be obtained from a published source approved by the 

District, such as the sources referenced in 40 C.F.R. § 52.741, or any of the 

following sources: 

(a) The most recent edition of The Vapor Pressure of Pure Substances, 

Boulbik, Fried, and Hala; Elsevier Scientific Publishing Company, New 

York; 

(b) The most recent edition of Perry’s Chemical Engineer’s Handbook, 

McGraw-Hill Book Company; 

(c) The most recent edition of CRC Handbook of Chemistry and Physics, 

Chemical Rubber Publishing Company;

(d) The most recent edition of Lange’s Handbook of Chemistry, John Dean, 

editor, McGraw-Hill Book Company; or

(e) Additional sources approved by the SCAQMD or other California Air 

districts.

747.7 If air pollution control equipment is used to meet the requirements of §§ 743 to 

749, the owner or operator shall make the following determinations:

(a) The measurement of capture efficiency shall be conducted and reported in 

accordance with the U.S. EPA Technical Document, “Guidelines for 

Determining Capture Efficiency,” issued January 9, 1995, or a District 

capture efficiency determination method approved by the U.S. EPA; and

(b) The measurement of control efficiency shall be in accordance with U.S. 

EPA Methods 25, 25A, 25B, or CARB Method 100. 

747.8 The active and passive solvent losses from spray gun cleaning systems shall be 

determined using SCAQMD’s “General Test Method for Determining Solvent 

Losses from Spray Gun Cleaning Systems,” dated October 3, 1989. The test 

solvent for this determination shall be any lacquer thinner with a minimum vapor 

pressure of one hundred and five millimeters of mercury (105 mm. Hg) at twenty 

degrees Celsius (20o C) or sixty-eight degrees Fahrenheit (68° F), and the 

minimum test temperature shall be fifteen degrees Celsius (15o C) or fifty-nine 

degrees Fahrenheit (59° F). 

747.9 For adhesives that do not contain reactive diluents, grams of VOC per liter of 

adhesive, less water and exempt compounds, shall be calculated according to the 

following equation:
75

Grams of VOC per liter of adhesive = Ws - Ww - We

Vm - Vw - Ve

where: 

Ws = weight of volatile compounds, in grams;

Ww = weight of water, in grams;

We = weight of exempt compounds, in grams;

Vm = volume of material, in liters;

Vw = volume of water, in liters; and

Ve = volume of exempt compounds, in liters.

747.10 For adhesives that contain reactive diluents, the VOC content of the adhesive is 

determined after curing. The grams of VOC per liter of adhesive, less water and 

exempt compounds, shall be calculated according to the following equation:

Grams of VOC per liter of adhesive = Wrs - Wrw - Wre

Vrm - Vrw - Vre

where:

Wrs = weight of volatile compounds not consumed during curing, in grams;

Wrw = weight of water not consumed during curing, in grams;

Wre = weight of exempt compounds not consumed during curing, in grams;

Vrm = volume of material not consumed during curing, in liters;

Vrw = volume of water not consumed during curing, in liters; and

Vre = volume of exempt compounds not consumed during curing, in liters.

747.11 Grams of VOC per liter of material shall be calculated according to the following 

equation:

Grams of VOC per liter of materials = Ws - Ww - We

 Vm

where:
76

Ws = weight of volatile compounds, in grams;

Ww = weight of water, in grams;

We = weight of exempt compounds, in grams; and 

Vm = volume of material, in liters.

747.12 Percent VOC (% VOC) by weight shall be calculated according to the following 

equation:

% VOC by weight = [(Wv / W)] x 100

where:

Wv = weight of VOCs in grams; and

W = weight of material in grams.

748 SOLVENT CLEANING - RECORDKEEPING AND MONITORING is 

repealed and replaced with:

748 ADHESIVES AND SEALANTS – CONTAINER LABELING

748.1 Each manufacturer of an adhesive, sealant, adhesive primer, or sealant primer 

subject to §§ 743 to 749 shall display the following information on the product 

container or label:

(a) A statement of the manufacturer's recommendation regarding thinning, 

reducing, or mixing of the product, except that:

(1) This requirement does not apply to the thinning of a product with 

water; and

(2) If thinning of the product before use is unnecessary, the 

recommendation must specify that the product is to be applied 

without thinning;

(b) The maximum or the actual VOC content of the product in accordance 

with § 747, as supplied, displayed in grams of VOC per liter of product; 

and

(c) The maximum or the actual VOC content of the product in accordance 

with § 747, which includes the manufacturer’s maximum recommendation 

for thinning, as applied, displayed in grams of VOC per liter of product.
77

749 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING –

GENERAL REQUIREMENTS is repealed and replaced with:

749 ADHESIVES AND SEALANTS – APPLICATION METHODS

749.1 A person shall not apply a VOC-containing adhesive, adhesive primer, sealant, or 

sealant primer at a stationary source unless applied by one (1) of the following 

application methods using equipment operated in accordance with the 

specifications of the equipment manufacturer:

(a) Electrostatic application;

(b) High volume low pressure (HVLP) spraying;

(c) Flow coating;

(d) Roller coating or hand application methods, including non-spray 

application methods similar to hand or mechanically powered caulking 

gun, brush coating, or direct hand application methods;

(e) Dip coating (including electrodeposition coating):

(f) Airless spraying;

(g) Air-assisted airless spraying; or

(h) Other adhesive application method that a person has demonstrated and the 

Department has determined achieves a transfer efficiency equivalent to or 

better than that achieved by HVLP spraying.

750 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING –

STANDARDS is repealed. and the section is [RESERVED].

751 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE is repealed and 

replaced with:

751 PORTABLE FUEL CONTAINERS AND SPOUTS – GENERAL 

REQUIREMENTS 

751.1 The requirements of §§ 751 through 758 apply to any person who sells, supplies, 

offers for sale, advertises, or manufactures a portable fuel container or spout for 

use in the District of Columbia, except as provided in § 753.

751.2 No person shall sell, supply, offer for sale, advertise, or manufacture for sale in 

the District of Columbia a portable fuel container or spout, or combination 

portable fuel container and spout, thirty (30) days after the effective date of this 
78

regulation, unless said portable fuel container or spout, or combination portable 

fuel container and spout is covered by a CARB Executive Order, except as 

provided in § 753.

751.3 For purposes of §§ 752 through 758 and of any definitions in §799 applicable to 

§§ 752 through 758, the District incorporates by reference rules and test methods 

from the Code of Federal Regulations (C.F.R.), the California Air Resources 

Board (CARB), and Title 13, California Code of Regulations, §§ 2250 through 

2298, where specifically cited.

751.4 Each part of §§ 751 through 758 shall be deemed severable, and if any part is held 

to be invalid, the remainder continues in full force. 

752 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING –

LABELING REQUIREMENT is repealed and replaced with:

752 PORTABLE FUEL CONTAINERS AND SPOUTS –PERFORMANCE 

STANDARDS AND TEST PROCEDURES

752.1 Except as provided in § 753, every portable fuel container, spout, or combination 

portable fuel container and spout, produced thirty (30) days after the effective 

date of this regulation, that is manufactured for sale, advertised for sale, sold, or 

offered for sale in the District of Columbia or that is introduced, delivered, or 

imported into the District of Columbia for introduction into commerce and that is 

subject to any of the standards prescribed in this article and documents 

incorporated by reference therein, must be certified for use and sale by the 

manufacturer through CARB and covered by a CARB Executive Order.

752.2 The criteria for obtaining certification, including all test procedures for 

determining certification and compliance with the standards applicable to portable 

fuel containers, spouts, or combination portable fuel containers and spouts 

produced thirty (30) days after the effective date of this regulation, that are 

manufactured for sale, advertised for sale, sold, or offered for sale in the District 

of Columbia, or that are introduced, delivered, or imported into the District of 

Columbia for introduction into commerce and that are subject to any of the 

standards prescribed in this article and documents incorporated by reference 

therein are set forth in “CP-501, Certification Procedure for Portable Fuel 

Containers and Spill-Proof Spouts,” adopted by CARB July 26, 2006, including 

any subsequent amendments.

752.3 Compliance with the performance standards in § 752 or the certification and 

compliance standards specified in § 755 does not exempt spill-proof systems or 

spill-proof spouts from compliance with other applicable federal and District of 

Columbia statutes and regulations, including, but not limited to, fire codes, safety 

codes, and other safety regulations.
79

752.4 Notwithstanding the provisions of § 752.1, a portable fuel container or spout or 

combination portable fuel container and spout manufactured before thirty (30)

days after the effective date of this regulation, may be sold, supplied, or offered 

for sale until one (1) year starting thirty (30) days after the effective date of this 

regulation, if it is labeled or designated for use solely with kerosene and if the 

date of manufacture or a date code representing the date of manufacture is clearly 

displayed on the portable fuel container or spout. 

753 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING 

REPORTING REQUIREMENTS is repealed and replaced with:

753 PORTABLE FUEL CONTAINERS AND SPOUTS – EXEMPTIONS 

753.1 The following shall be exempt from compliance with §§ 751 through 758:

(a) Any portable fuel container or spout manufactured in the District of 

Columbia for shipment, sale, and use outside of the District of Columbia;

(b) A manufacturer or distributor who sells, supplies, or offers for sale in the 

District of Columbia, a portable fuel container or spout or combination 

portable fuel container and spout that does not comply with the 

performance standards § 752 or the certification and compliance standards 

specified in § 755, as long as the manufacturer or distributor can 

demonstrate that:

(1) The portable fuel container or spout or combination portable fuel 

container and spout is intended for shipment and use outside of the 

District of Columbia; and 

(2) The manufacturer or distributor has taken reasonable prudent 

precautions to ensure that the portable fuel container or spout or 

combination portable fuel container and spout is not distributed in 

the District of Columbia;

(c) Paragraph (b) of this subsection does not apply to portable fuel containers 

or spouts or combination portable fuel containers and spouts that are sold, 

supplied, or offered for sale by any person to retail outlets in the District 

of Columbia; 

(d) Safety cans meeting the requirements of Chapter 17, Title 29, Part 1926, 

Subpart F of the Code of Federal Regulations (29 C.F.R. §§ 1926.150, et 

seq.);

(e) Portable fuel containers with a nominal capacity less than or equal to one 

quart (1 qt.);
80

(f) Rapid refueling devices with nominal capacities greater than or equal to 

four gallons (4 gal.), provided such devices are designed for use in 

officially sanctioned off-highway motor sports, such as car racing or 

motorcycle competitions, or either create a leak-proof seal against a stock 

target fuel tank, or are designed to operate in conjunction with a receiver 

permanently installed on the target fuel tank;

(g) Portable fuel tanks manufactured specifically to deliver fuel through a 

hose attached between the portable fuel tank and the outboard engine for 

the purpose of operating the outboard engine; and

(h) Closed-system portable fuel containers that are used exclusively for 

fueling remote control airplanes.

754 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING –

TESTING REQUIREMENTS is repealed and replaced with:

754 PORTABLE FUEL CONTAINERS AND SPOUTS – LABELING 

REQUIREMENTS

754.1 Each manufacturer of a portable fuel container or portable fuel container and 

spout subject to and complying with § 752 must clearly display the following on 

each spill-proof system:

(a) The phrase “Spill-Proof System”;

(b) A date of manufacture or date code; and

(c) A representative code identifying the Executive Order Number issued by 

CARB for the portable fuel container or portable fuel container and spout. 

754.2 Each manufacturer of a spout subject to and complying with §752 must clearly 

display the following on the accompanying package, or spout sold without 

packaging, on either the spout or a label affixed to the spout:

(a) The phrase “Spill-Proof Spout”;

(b) A date of manufacture or date code; and

(c) A representative code identifying the Executive Order Number issued by 

CARB for the portable fuel container or portable fuel container and spout.

754.3 Each manufacturer subject to § 754.1 and 754.2 shall file an explanation of both 

the date code and representative code with the Department no later than the later 

of three (3) months after the effective date of this regulation or within three (3) 

months of production, and within three (3) months after any change in coding. 
81

754.4 Each manufacturer of a spout subject to § 754.2 shall clearly display the make, 

model number, and size of only those portable fuel containers the spout is 

designed to accommodate and can demonstrate compliance with § 752, on the 

accompanying package, or for spouts sold without packaging, on either the spout, 

or a label affixed to the spout.

754.5 Manufacturers of portable fuel containers or portable fuel containers and spouts 

not subject to or not in compliance with § 752 shall not display the phrase “SpillProof System” or “Spill-Proof Spout” on the portable fuel container or spout, 

respectively, on any sticker or label affixed to the product, or on any 

accompanying package.

754.6 Each manufacturer of a portable fuel container or spout subject to and complying 

with § 752 that due to its design or other features cannot be used to refuel one (1) 

or more on-road motor vehicle, must clearly display the phrase “Not Intended For 

Refueling On-Road Motor Vehicles” in type of thirty-four (34) point or greater on 

each of the following:

(a) For a portable fuel container or portable fuel container and spout sold 

together as a spill-proof system, on the system or on a label affixed 

thereto, and on the accompanying package, if any; and

(b) For a spill-proof spout sold separately from a spill-proof system, on either 

the spill-proof spout, or a label affixed thereto, and on the accompanying 

package, if any.

SECTIONS 755-778 ARE NEW SECTIONS, ADDED AS FOLLOWS:

755 PORTABLE FUEL CONTAINERS AND SPOUTS – CERTIFICATION 

AND COMPLIANCE TEST PROCEDURES

755.1 Testing to determine compliance with § 752 shall be performed by using test 

procedures specified in “CP-501, Certification Procedure for Portable Fuel 

Containers and Spill-Proof Spouts,” adopted by CARB on July 26, 2006, 

including any subsequent amendments, which are incorporated by reference 

herein.

755.2 Alternative methods that are shown to be accurate, precise, and appropriate may 

be used upon written approval of the Department.

755.3 Test procedures referred to in this section can be obtained from the Department 

and may be available at http://www.arb.ca.gov. 

756 PORTABLE FUEL CONTAINERS AND SPOUTS – ENFORCEMENT 
82

756.1 If the Department finds any manufacturer, distributor, or retailer manufacturing 

for sale, advertising for sale, selling, or offering for sale in the District of 

Columbia a portable fuel container or spout, or both portable fuel container and 

spout that does not comply with the requirements set forth in this article, the 

Department may enjoin said manufacturer, distributor, or retailer from any further 

manufacture, advertisement, sales, offers for sale, or distribution of such 

noncompliant portable fuel containers or spouts or combination portable fuel 

containers and spouts, in the District of Columbia pursuant to 20 DCMR chapter 

1. The Department may also assess penalties to the extent permissible under 20 

DCMR § 105.

756.2 Before seeking remedial action against any manufacturer, distributor, or retailer, 

the Department will consider any information provided by the manufacturer, 

distributor, or retailer.

757 PORTABLE FUEL CONTAINERS AND SPOUTS – INNOVATIVE 

PRODUCT EXEMPTION

757.1 Portable fuel containers, spouts, or combination portable fuel containers and 

spouts which have been granted an innovative product exemption by the CARB, 

shall be exempt from the requirements in §752 for the period of time that the 

CARB Innovative Products exemption remains in effect.

757.2 Any manufacturer claiming an exemption on the CARB Innovative Products basis 

shall submit to the Department, a copy of the CARB exemption decision, 

including but not limited to, the executive order and all conditions established by 

CARB applicable to the exemption.

757.3 The District may exempt a portable fuel container or spout from one (1) or more 

of the requirements of § 752 if a manufacturer demonstrates by clear and 

convincing evidence that, due to the product’s design, delivery system, or other 

factors, the use of the product will result in cumulative VOC emissions below the 

highest emitting representative spill-proof system or representative spill-proof 

spout in its product category as determined from applicable testing.

757.4 For the purposes of this section, a “representative spill-proof system” or a 

“representative spill-proof spout” means a portable fuel container, spout, or 

combination portable fuel container and spout which, at the time of exemption, 

meets the performance standards specified in § 752 or the Certification 

Requirements Specified in “CP-501, Certification Procedure for Portable Fuel 

Containers and Spill-Proof Spouts,” adopted by CARB July 26, 2006, including 

any subsequent amendments. 

757.5 A manufacturer shall submit an application in writing to the Department for an 

innovative product exemption according to the following requirements:
83

(a) The application must include the supporting documentation that quantifies 

the emissions from the innovative product, including the actual physical 

test methods used to generate the data;

(b) The applicant must provide any information necessary to enable the 

Department to establish enforceable conditions for granting the 

exemption; and

(c) All information including proprietary data submitted by a manufacturer 

pursuant to this section shall be handled in accordance with the District of 

Columbia confidentiality requirements in 20 DCMR § 106.

757.6 Within thirty (30) days of receipt of the exemption application, the Department

shall notify the applicant in writing either that the application is complete or that 

additional information or testing is required before it can be deemed complete;

757.7 Within ninety (90) days after an application has been deemed complete, the 

Department will determine whether, under what conditions, and to what extent, an 

exemption from the requirements of § 752 will be permitted:

(a) The applicant and the Department may mutually agree to a longer time 

period for reaching a decision;

(b) An applicant may submit additional supporting documentation before a 

decision has been reached; and

(c) The Department shall notify the applicant of the decision in writing and 

specify such terms and conditions that are necessary to ensure that 

emissions from use of the product will meet the performance standards 

specified in § 752, and that such emissions reductions can be enforced.

757.8 In granting an innovative product exemption for a portable fuel container or 

spout, the Department shall specify the test methods for determining conformance 

to the conditions established, which may include criteria for reproducibility, 

accuracy, and sampling and laboratory procedures.

757.9 For any portable fuel container or spout for which an innovative product 

exemption has been granted pursuant to this section, the manufacturer shall notify 

the Department in writing at least thirty (30) days before the manufacturer 

changes a product’s design, delivery system, or other factors that may affect the 

VOC emissions during recommended usage; the manufacturer shall notify the 

Department within thirty (30) days after the manufacturer learns of any 

information that would alter the emissions estimates submitted to the Department 

in support of the exemption application.

757.10 If the Performance Standards specified in § 752 are amended for a product 
84

category, all innovative product exemptions granted for products in the product 

category, except as provided in § 757.11, have no effect as of the effective date of 

the amended performance standards.

757.11 If the Department believes that a portable fuel container or spout for which an 

exemption has been granted no longer meets the criteria for an innovative product 

specified in this section, the Department may hold a public hearing in accordance 

with the District of Columbia Administrative Procedures Act, D.C. Official Code 

§§ 2-501, et seq. (2006 Repl.), before a final determination. 

758 PORTABLE FUEL CONTAINERS AND SPOUTS – VARIANCE

758.1 Portable fuel containers, spouts, or combination portable fuel containers and 

spouts, which have been granted a variance by CARB, shall be exempt from the 

requirements in § 752 for the period of time that the CARB variance remains in 

effect. 

758.2 Any manufacturer claiming such a variance on this basis must submit to the 

Department a copy of the CARB variance decision (such as, the Executive Order), 

including all conditions established by CARB as applicable to the variance. 

758.3 Any person or manufacturer who cannot comply with the requirements set forth in 

§ 752, due to extraordinary reasons beyond the person’s reasonable control, may 

apply in writing to the Department for a variance. The variance application shall 

include the following information:

(a) The specific grounds upon which the variance is sought;

(b) The proposed dates by which compliance with the provisions of § 752 will 

be achieved; and

(c) A compliance report detailing the methods by which compliance will be 

achieved.

758.4 No variance shall be granted by the Department unless all of the following 

findings are made:

(a) Due to circumstances beyond the reasonable control of the applicant, 

required compliance with § 752 would result in extraordinary economic 

hardship;

(b) The public interest in mitigating the extraordinary hardship to the 

applicant by issuing the variance outweighs the public interest in avoiding 

any increased emissions of air contaminants that would result from issuing 

the variance; and
85

(c) The compliance report proposed by the applicant can reasonably be 

implemented, and will achieve compliance as expeditiously as possible. 

758.5 Any approval of a variance by the Department shall specify a final compliance 

date wherein compliance with the requirements of § 752 will be achieved. Any 

approval of a variance shall contain a condition that specifies increments of 

progress necessary to ensure timely compliance, and such other conditions that 

the Department, in consideration of the testimony received at the hearing, finds 

necessary to carry out the purposes of this regulation.

758.6 A variance shall cease to be effective upon failure of the party to whom the 

variance was granted to comply with any term or condition of the variance.

758.7 Upon the application of any person, the Department may review, and for good 

cause, modify or revoke a variance from requirements of § 752 after holding a 

public hearing in accordance with the District of Columbia Administrative 

Procedures Act, D.C. Official Code §§ 2-501, et seq. (2006 Repl.).

759 [RESERVED]

760 [RESERVED]

761 [RESERVED]

762 [RESERVED]

763 SOLVENT CLEANING – GENERAL REQUIREMENTS

763.1 Sections 763 through 769 shall apply to any person who sells, supplies, offers for 

sale, or manufactures any solvent on or after January 1, 2005, for use in the 

District of Columbia.

763.2 For purposes of §§ 763 through 769 and any of the definitions in §799 applicable 

to §§ 763 through 769, the District incorporates by reference rules and test 

methods from the California Air Resource Board (CARB), the South Coast Air 

Quality Management District (SCAQMD), and the American Society for Testing 

and Materials (ASTM), where specifically cited.

763.3 Each part of §§ 763 through 769 shall be deemed severable, and if any part is held 

to be invalid, the remainder shall continue in full force.

764 SOLVENT CLEANING – COLD CLEANING

764.1 This section applies to all cold cleaning machines that process metal parts and 

contain more than one liter (1 L) of VOC. The provisions of this section shall not 

apply if the owner and operator of the cold cleaning machine demonstrates, and 
86

the District approves in writing, that compliance with this section will result in 

unsafe operating conditions.

764.2 Immersion cold cleaning machines shall have a freeboard ratio of seventy-five 

one hundredths (0.75) or greater, unless the machines are equipped with covers 

that are kept closed except when parts are being placed into or are being removed 

from the machine.

764.3 Immersion cold cleaning machines and remote reservoir cold cleaning machines 

shall:

(a) Have a permanent, conspicuous label summarizing the operating 

requirements in § 764.4; and

(b) Be equipped with a cover that shall be closed at all times except during 

cleaning of parts or the addition or removal of solvent. For remote 

reservoir cold cleaning machines that drain directly into the solvent 

storage reservoir, a perforated drain with a diameter of not more than six 

inches (6 in.) shall constitute an acceptable cover.

764.4 Cold cleaning machines shall be operated in accordance with the following 

procedures:

(a) Waste solvent shall be collected and stored in closed containers. The 

closed containers may contain a device that allows pressure relief, but 

does not allow liquid solvent to drain from the container;

(b) Cleaned parts shall be drained at least fifteen (15) seconds or until 

dripping ceases, whichever is longer;

(1) Parts having cavities or blind holes shall be tipped or rotated while 

the part is draining; and

(2) During the draining, tipping or rotating, the parts shall be 

positioned so that solvent drains directly back to the cold cleaning 

machine;

(c) Flushing of parts using a flexible hose or other flushing device shall be 

performed only within the freeboard area of the cold cleaning machine.

The solvent spray shall be a solid fluid stream, not an atomized or shower 

spray, at a pressure that does not exceed ten pounds (10 lb.) per square 

inch gauge (psig);

(d) The owner or operator shall ensure that when the cover is open, the cold 

cleaning machine is not exposed to drafts greater than forty meters (40 m.) 

per minute (one hundred thirty-two feet (132 ft.) per minute), as measured 
87

between one meter (1 m.) and two meters (2 m.) (three and three tenths 

feet (3.3 ft.) and six and six tenths feet (6.6 ft.) upwind, and at the same 

elevation as the tank lip;

(e) Sponges, fabric, wood, leather, paper products, and other absorbent 

materials shall not be cleaned in the cold cleaning machine;

(f) When a pump-agitated solvent bath is used, the agitator shall be operated 

to produce a rolling motion of the solvent with no observable splashing of 

the solvent against the tank walls or the parts being cleaned. Air-agitated 

solvent baths may not be used;

(g) Spills during solvent transfer and use of the cold cleaning machine shall be 

cleaned up immediately, and the wipe rags or other absorbent materials 

shall be immediately stored in covered containers for disposal or 

recycling;

(h) Work area fans shall be located and positioned so that they do not blow 

across the opening of the degreaser unit; and

(i) The owner or operator shall ensure that the solvent level does not exceed 

the fill line.

764.5 Any solvent for use in a cold cleaning machine shall not have a vapor pressure of 

one millimeter of mercury (1.0 mm. Hg) or greater, measured at twenty degrees 

Celsius (20oC) or sixty-eight degrees Fahrenheit (68° F) containing VOCs;

764.6 A person who sells or offers for sale any solvent containing VOCs for use in a 

cold cleaning machine shall provide the following written information to the 

purchaser:

(a) The name and address of the solvent supplier;

(b) The type of solvent, including the product or vendor identification 

number; and

(c) The vapor pressure of the solvent, measured in millimeters of mercury 

(mm Hg) at twenty degrees Celsius (20oC) or sixty-eight degrees 

Fahrenheit (68° F); and

764.7 A person who operates a cold cleaning machine shall maintain for not less than 

two (2) years and shall provide to the Department, on request, the information 

specified in § 764.6. An invoice, bill of sale, certificate that corresponds to a 

number of sales, Material Safety Data Sheet (MSDS), or other appropriate 

documentation acceptable to the Department may be used to comply with this 

section.
88

765 SOLVENT CLEANING – BATCH VAPOR CLEANING

765.1 This section applies to batch vapor cleaning machines that process metal parts.

765.2 Batch vapor cleaning machines shall be equipped with:

(a) Either a fully enclosed design, or a working and downtime mode cover 

that completely covers the cleaning machine openings when in place, is 

free of cracks, holes, and other defects, and can be readily opened or 

closed without disturbing the vapor zone;

(1) If the solvent cleaning machine opening is greater than ten square 

feet (10 sq. ft.), the cover must be powered; and

(2) If a lip exhaust is used, the closed cover shall be below the level of 

the lip exhaust;

(b) Sides that result in a freeboard ratio greater than or equal to seventy-five 

one hundredths (0.75); 

(c) A safety switch (thermostat and condenser flow switch) that shuts off the 

sump heat if the coolant is not circulating;

(d) A vapor up control switch that shuts off the spray pump if vapor is not 

present;

(e) An automated parts handling system that moves the parts or parts baskets 

at a speed of eleven feet (11 ft.) (three and four tenths meters (3.4 m.)) per 

minute or less when the parts are entering or exiting the vapor zone. If the 

parts basket or parts being cleaned occupy more than fifty percent (50%) 

of the solvent/air interface area, the speed of the parts basket or parts shall 

not exceed three feet (3 ft.) per minute;

(f) A device that shuts off the sump heat if the sump liquid solvent level drops 

to the sump heater coils;

(g) A vapor level control device that shuts off the sump heat if the vapor level 

in the vapor cleaning machine rises above the height of the primary 

condenser;

(h) A primary condenser;

(i) A vapor cleaning machine that uses a lip exhaust shall be designed and 

operated to route all collected solvent vapors through a properly operated 

and maintained carbon adsorber such that the concentration of organic 
89

solvent in the exhaust does not exceed one hundred parts per million (100 

ppm); and

(j) A permanent, conspicuous label summarizing the operating requirements 

found in § 765.5.

765.3 In addition to the requirements in § 765.2, the operator of a batch vapor cleaning 

machine with a solvent/air interface area of thirteen square feet (13 sq. ft.) or less 

shall use one of the following devices or strategies:

(a) A working mode cover, freeboard ratio of one (1.0), and superheated 

vapor;

(b) A freeboard refrigeration device operated to ensure that the chilled air 

blanket temperature is no greater than thirty percent (30%) of the solvent’s 

boiling point and superheated vapor;

(c) A working mode cover and a freeboard refrigeration device operated to 

ensure that the chilled air blanket temperature is no greater than thirty 

percent (30%) of the solvent’s boiling point;

(d) Reduced room draft, freeboard ratio of one (1.0), and superheated vapor;

(e) A freeboard refrigeration device operated to ensure that the chilled air 

blanket temperature is no greater than thirty percent (30%) of the solvent’s 

boiling point and reduced room draft;

(f) A freeboard refrigeration device operated to ensure that the chilled air 

blanket temperature is no greater than thirty percent (30%) of the solvent’s 

boiling point and a freeboard ratio of one (1.0);

(g) A freeboard refrigeration device operated to ensure that the chilled air 

blanket temperature is no greater than thirty percent (30%) of the solvent’s 

boiling point and dwell. Dwell shall be not less than thirty-five percent 

(35%) of the dwell time determined for the part or parts;

(h) Reduced room draft, dwell, and a freeboard ratio of one (1.0);

(i) A freeboard refrigeration device operated to ensure that the chilled air 

blanket temperature is no greater than thirty percent (30%) of the solvent’s 

boiling point and a carbon adsorber which reduces solvent emissions in 

the exhaust to a level not to exceed one hundred parts per million (100 

ppm) at any time; and
90

(j) A freeboard ratio of one (1.0), superheated vapor, and a carbon adsorber 

which reduces solvent emissions in the exhaust to a level not to exceed 

one hundred parts per million (100 ppm) at any time.

765.4 In addition to the requirements of § 765.2, the operator of a batch vapor cleaning 

machine with a solvent/air interface area of greater than thirteen square feet (13

sq. ft.) shall use one of the following devices or strategies:

(a) A freeboard refrigeration device operated to ensure that the chilled air 

blanket temperature is no greater than thirty percent (30%) of the solvent’s 

boiling point, a freeboard ratio of one (1.0), and superheated vapor;

(b) Dwell and a freeboard refrigeration device operated to ensure that the 

chilled air blanket temperature is no greater than thirty percent (30%) of 

the solvent’s boiling point, and reduced room draft. Dwell shall be not less 

than thirty-five percent (35%) of the dwell time determined for the part or 

parts;

(c) A working mode cover and a freeboard refrigeration device operated to 

ensure that the chilled air blanket temperature is no greater than thirty 

percent (30%) of the solvent’s boiling point and superheated vapor;

(d) Reduced room draft, freeboard ratio of one (1.0), and superheated vapor;

(e) A freeboard refrigeration device operated to ensure that the chilled air 

blanket temperature is no greater than thirty percent (30%) of the solvent’s 

boiling point, reduced room draft, and superheated vapor;

(f) A freeboard refrigeration device operated to ensure that the chilled air 

blanket temperature is no greater than thirty percent (30%) of the solvent’s 

boiling point, reduced room draft, and a freeboard ratio of one (1.0); or

(g) A freeboard refrigeration device operated to ensure that the chilled air 

blanket temperature is no greater than thirty percent (30%) of the solvent’s 

boiling point, superheated vapor, and a carbon adsorber, which reduces 

solvent emissions in the exhaust to a level not to exceed one hundred parts 

per million (100 ppm) at any time.

765.5 Batch vapor cleaning machines shall be operated in accordance with the following 

procedures:

(a) Waste solvent, still bottoms, and sump bottoms shall be collected and 

stored in closed containers. The closed containers may contain a device 

that allows pressure relief but does not allow liquid solvent to drain from 

the container;
91

(b) Cleaned parts shall be drained at least fifteen (15) seconds or until 

dripping ceases, whichever is longer:

(1) Parts having cavities or blind holes shall be tipped or rotated while 

the part is draining; and

(2) A superheated vapor system shall be an acceptable alternate 

technology;

(c) Parts baskets or parts shall not be removed from the batch vapor cleaning 

machine until dripping has ceased;

(d) Flushing or spraying of parts using a flexible hose or other flushing device 

shall be performed within the vapor zone of the batch vapor cleaning 

machine or within a section of the machine that is not exposed to the 

ambient air. The solvent spray shall be a solid fluid stream, not an 

atomized or shower spray;

(e) When the cover is open, the batch vapor cleaning machine shall not be 

exposed to drafts greater than forty meters (40 m.) per minute (one 

hundred thirty-two feet (132 ft.) per minute), as measured between one 

meter (1 m.) and two meters (2 m.) (three and three tenths feet (3.3 ft.) and 

six and six tenths feet (6.6 ft.) upwind and at the same elevation as the 

tank lip;

(f) Sponges, fabric, wood, leather, paper products, and other absorbent 

materials shall not be cleaned in the batch vapor cleaning machine;

(g) Spills during solvent transfer and use of the batch vapor cleaning machine 

shall be cleaned up immediately or the machine shall be shut down. Wipe 

rags or other absorbent materials shall be immediately stored in covered 

containers for disposal or recycling;

(h) Work area fans shall be located and positioned so that they do not blow 

across the opening of the batch vapor cleaning machine;

(i) During startup of the batch vapor cleaning machine the primary condenser 

shall be turned on before the sump heater;

(j) During shutdown of the batch vapor cleaning machine, the sump heater 

shall be turned off and the solvent vapor layer allowed to collapse before 

the primary condenser is turned off;

(k) When solvent is added to or drained from the batch vapor cleaning 

machine, the solvent shall be transferred using threaded or other leak proof 
92

couplings and the end of the pipe in the solvent sump shall be located 

beneath the liquid solvent surface; 

(l) The working and downtime covers shall be closed at all times except 

during parts entry and exit from the machine, during maintenance of the 

machine when the solvent has been removed, and during addition of 

solvent to the machine; and

(m) If a lip exhaust is used on the open top vapor degreaser, the ventilation 

rate shall not exceed twenty meters cubed per minute per meters squared 

(20 m.

3

/min./m.

2

) or sixty-five feet cubed per minute per feet squared (65 

ft.

3

/min./ft.

2

) of degreaser open area, unless a higher rate is necessary to 

meet federal Occupational Safety & Health Administration (OSHA) 

requirements.

766 SOLVENT CLEANING – IN-LINE VAPOR CLEANING 

766.1 This section applies to in-line vapor cleaning machines.

766.2 In-line vapor cleaning machines shall be equipped with:

(a) Either a fully enclosed design, or a working and downtime mode cover 

that completely covers the cleaning machine openings when in place, is 

free of cracks, holes, and other defects, and can be readily opened or 

closed without disturbing the vapor zone;

(b) A safety switch (thermostat and condenser flow switch) that shuts off the 

sump heat if the coolant is not circulating;

(c) Sides that result in a freeboard ratio greater than or equal to seventy-five 

one hundredths (0.75);

(d) A vapor up control switch;

(e) An automated parts handling system that moves the parts or parts baskets 

at a speed of eleven feet (11 ft.) or three and four tenths meters (3.4 m.)

per minute or less when the parts are entering or exiting the vapor zone. If 

the parts basket or parts being cleaned occupy more than fifty percent 

(50%) of the solvent/air interface area, the speed of the parts basket or 

parts shall not exceed three feet per minute (3 ft./min.);

(f) A device that shuts off the sump heat if the sump liquid solvent level drops 

to the sump heater coils;
93

(g) A vapor level control device that shuts off the sump heat if the vapor level 

in the vapor cleaning machine rises above the height of the primary 

condenser;

(h) A permanent, conspicuous label summarizing the operating requirements 

in § 766.4;

(i) A primary condenser; and

(j) Each machine that uses a lip exhaust shall be designed and operated to 

route all collected solvent vapors through a properly operated and 

maintained carbon adsorber such that the concentration of organic solvent 

in the exhaust does not exceed one hundred parts per million (100 ppm).

766.3 The operator of an in-line vapor cleaning machine shall use one (1) of the 

following devices or strategies:

(a) A freeboard ratio of one (1.0) and superheated vapor;

(b) A freeboard refrigeration device operated to ensure that the chilled air 

blanket temperature is no greater than thirty percent (30%) of the solvent’s 

boiling point and a freeboard ratio of one (1.0);

(c) Dwell and a freeboard refrigeration device operated to ensure that the 

chilled air blanket temperature is no greater than thirty percent (30%) of 

the solvent’s boiling point. Dwell shall be not less than thirty-five percent 

(35%) of the dwell time determined for the part or parts; or

(d) Dwell and a carbon adsorber, which reduces solvent emissions in the 

exhaust to a level not to exceed one hundred parts per million (100 ppm)

at any time. Dwell shall be not less than thirty-five percent (35%) of the 

dwell time determined for the part or parts.

766.4 In-line vapor cleaning machines shall be operated in accordance with the 

following procedures:

(a) Waste solvent, still bottoms, and sump bottoms shall be collected and 

stored in closed containers. The closed containers may contain a device 

that allows pressure relief, but does not allow liquid solvent to drain from 

the container;

(b) Parts shall be oriented so that the solvent drains freely from the parts; 

(1) Cleaned parts shall be drained at least fifteen (15) seconds or until 

dripping ceases, whichever is longer; and 
94

(2) Parts having cavities or blind holes shall be tipped or rotated while 

the part is draining;

(c) Parts baskets or parts shall not be removed from the in-line vapor cleaning 

machine until dripping has ceased;

(d) Flushing or spraying of parts using a flexible hose or other flushing device 

shall be performed within the vapor zone of the in-line vapor cleaning 

machine or within a section of the machine that is not exposed to the 

ambient air. The solvent spray shall be a solid fluid stream, not an 

atomized or shower spray;

(e) Sponges, fabric, wood, leather, paper products, and other absorbent 

materials shall not be cleaned in the in-line vapor cleaning machine;

(f) Spills during solvent transfer and use of the in-line vapor cleaning 

machine shall be cleaned up immediately, and the wipe rags or other 

absorbent materials shall be immediately stored in covered containers for 

disposal or recycling;

(g) Workplace fans shall not be used near the degreaser opening unless a 

higher rate is necessary to meet federal Occupational Safety & Health 

Administration (OSHA) requirements;

(h) During startup of the in-line vapor cleaning machine the primary 

condenser shall be turned on before the sump heater;

(i) During shutdown of the in-line vapor cleaning machine, the sump heater 

shall be turned off and the solvent vapor layer allowed to collapse before 

the primary condenser is turned off;

(j) Spraying operations shall be done in the vapor zone or within a section of 

the machine that is not exposed to the ambient air;

(k) When solvent is added to or drained from the in-line vapor cleaning 

machine, the solvent shall be transferred using threaded or other leak proof 

couplings and the end of the pipe in the solvent sump shall be located 

beneath the liquid solvent surface; and

(l) Openings shall be minimized during operations so that entrances and exits 

silhouette workloads with an average clearance between the parts and the 

edge of the degreaser opening of less than ten centimeters (10 cm.) or four 

inches (4 in.) or less than ten percent (10%) of the width of the opening. 

767 SOLVENT CLEANING – AIRLESS AND AIR-TIGHT CLEANING
95

767.1 This section applies to airless cleaning machines and air-tight cleaning machines 

that process metal parts.

767.2 The operator of each machine shall maintain a log of solvent additions and 

deletions for each machine that includes the weight of solvent contained in 

activated carbon or other absorbent materials used to control emissions from the 

cleaning machine;

767.3 The operator of each machine shall demonstrate that the emissions from each 

machine, on a three (3) month rolling average, are equal to or less than the 

allowable limit determined by the use of Table I in this section or the following 

equation if the volume of the cleaning machine exceeds two and ninety-five one 

hundredths cubic meters (2.95 m.

3

):

EL = 330 (vol.)

0.6

where:

EL = the three-month rolling average monthly emission limit 

(kilograms/month);

vol. = the cleaning capacity of machine (cubic meters);

Table I. Emission Limits for Cleaning Machines without a Solvent/Air Interface

Cleaning 

Capacity

(m.

3

)

3-Month rolling 

average monthly 

emission limit 

(kilograms/month)

Cleaning 

Capacity

(m.

3

)

3-Month rolling 

average monthly 

emission limit 

(kilograms/month)

Cleaning 

Capacity

(m.

3

)

3-Month rolling 

average monthly 

emission limit 

(kilograms/month)

0.00 0 1.00 330 2.00 500

0.05 55 1.05 340 2.05 508

0.10 83 1.10 349 2.10 515

0.15 106 1.15 359 2.15 522

0.20 126 1.20 368 2.20 530

0.25 144 1.25 377 2.25 537

0.30 160 1.30 386 2.30 544

0.35 176 1.35 395 2.35 551

0.40 190 1.40 404 2.40 558

0.45 204 1.45 412 2.45 565

0.50 218 1.50 421 2.50 572
96

Cleaning 

Capacity

(m.

3

)

3-Month rolling 

average monthly 

emission limit 

(kilograms/month)

Cleaning 

Capacity

(m.

3

)

3-Month rolling 

average monthly 

emission limit 

(kilograms/month)

Cleaning 

Capacity

(m.

3

)

3-Month rolling 

average monthly 

emission limit 

(kilograms/month)

0.55 231 1.55 429 2.55 579

0.60 243 1.60 438 2.60 585

0.65 255 1.65 446 2.65 592

0.70 266 1.70 454 2.70 599

0.75 278 1.75 462 2.75 605

0.80 289 1.80 470 2.80 612

0.85 299 1.85 477 2.85 619

0.90 310 1.90 485 2.90 625

0.95 320 1.95 493 2.95 632

767.4 The operator of each machine shall operate the machine in conformance 

with the manufacturer’s instructions and good air pollution control practices;

767.5 The operator of each machine equipped with a solvent adsorber shall 

measure and record the concentration of solvent in the exhaust of the carbon 

adsorber weekly with a colorimetric detector tube designed to measure a 

concentration of one hundred parts per million (100 ppm) by volume of solvent to 

air at an accuracy of plus or minus twenty-five parts per million (25 ppm) by 

volume. This test shall be conducted while the solvent cleaning machine is in the 

working mode and is venting to the adsorber;

767.6 The operator of each machine equipped with a solvent adsorber shall maintain and 

operate the machine and adsorber system so that emissions from the adsorber 

exhaust do not exceed one hundred parts per million (100 ppm) by volume, 

measured while the solvent cleaning machine is in the working mode and is 

venting to the adsorber;

767.7 The machine shall be equipped with a permanent, conspicuous label summarizing 

the operating requirements in § 767.8;

767.8 Airless cleaning machines and air-tight cleaning machines shall be operated in 

accordance with the following procedures:

(a) Waste solvent, still bottoms, and sump bottoms shall be collected and 

stored in closed containers. The closed containers may contain a device 

that allows pressure relief but does not allow liquid solvent to drain from 

the container; 
97

(b) Parts shall be oriented so that the solvent drains freely from the parts:

(1) Cleaned parts shall be drained at least fifteen (15) seconds or until 

dripping ceases, whichever is longer; and

(2) Parts having cavities or blind holes shall be tipped or rotated while 

the part is draining;

(c) Parts baskets or parts shall not be removed from the in-line vapor cleaning 

machine until dripping has ceased;

(d) Sponges, fabric, wood, leather, paper products and other absorbent 

materials shall not be cleaned in the airless cleaning machines and air-tight 

cleaning machines;

(e) Spills during solvent transfer and use of the airless cleaning machines and 

air-tight cleaning machines shall be cleaned up immediately, and the wipe 

rags or other absorbent materials shall be immediately stored in covered 

containers for disposal or recycling;

(f) Work area fans shall be located and positioned so that they do not blow 

across the airless cleaning machine and air-tight cleaning machine;

(g) Spraying operations shall be done in the vapor zone or within a section of 

the machine that is not exposed to the ambient air; and

(h) Solvents shall be transferred using threaded or other leak proof couplings 

and the end of the pipe in the solvent sump shall be located beneath the 

liquid solvent surface when solvent is added to or drained from the airless 

cleaning machine and air-tight cleaning machine.

768 SOLVENT CLEANING – ALTERNATIVE COMPLIANCE

768.1 As an alternative to complying with the provisions of §§ 764 through 767, the 

operator of a solvent cleaning machine may demonstrate compliance with § 768.3 

and 768.4.

768.2 The operator shall maintain records sufficient to demonstrate compliance. The 

records, which shall be maintained for not less than two (2) years, shall include, at 

a minimum, the quantity of solvent added to and removed from the solvent 

cleaning machine, and the dates of the addition and removal.

768.3 If the cleaning machine has a solvent/air interface, the owner or operator shall:
98

(a) Maintain a log of solvent additions and deletions for each solvent cleaning 

machine; and

(b) Ensure that emissions from each solvent cleaning machine are equal to or 

less than the applicable emission limit presented in Table II of this section.

Table II. Emission limits for Batch Vapor and In-Line Solvent Cleaning Machines with a 

Solvent/Air Interface 

Solvent Cleaning Machine

Three (3) Month 

Rolling Average

(kg./m.

2

/month)

Monthly Emission 

Limit:

(lb./ft.

2

/month)

Solvent cleaning machines 

batch vapor

150 30.7

Existing in-line solvent 

cleaning machines

153 31.3

New in-line solvent cleaning 

machines 99 20.2

768.4 If the cleaning machine is a batch vapor cleaning machine and does not have a 

solvent/air interface, the owner or operator shall:

(a) Maintain a log of solvent additions and deletions for each solvent cleaning 

machine; and

(b) Ensure that the emissions from each solvent cleaning machine are equal to 

or less than the appropriate limits as described in § 768.5 and 768.6. Each 

owner or operator of a batch vapor or in-line cleaning machine shall 

demonstrate compliance with the applicable three (3) month rolling 

average monthly emission limit on a monthly basis.

768.5 For cleaning machines with a cleaning capacity that is less than or equal to two 

and ninety-five one hundredths cubic meters (2.95 m.

3

), the emission limit shall 

be determined using Table I in § 767.3 or the equation in § 768.6. If the table is 

used, and the cleaning capacity of the cleaning machine falls between two 

cleaning capacity sizes, then the lower of the two (2) emission limits applies;

768.6 For cleaning machines with a cleaning capacity that is greater than two and 

ninety-five one hundredths cubic meters (2.95 m.

3

), the emission limit shall be 

determined using the following equation:

EL = 330 (vol)0.6

where:
99

EL = the three (3) month rolling average monthly emission limit 

(kilograms/month);

vol = the cleaning capacity of machine (cubic meters);

768.7 Each owner or operator of a batch vapor or in-line solvent cleaning machine shall 

demonstrate compliance with the applicable three (3) month rolling average 

monthly emission limit on a monthly basis. If the applicable three (3) month 

rolling average emission limit is not met, an exceedance has occurred. All 

exceedances shall be reported to the District within thirty (30) days of the 

determination of the exceedance.

768.8 The owner or operator of a batch vapor or in-line solvent cleaning machine shall 

maintain records and determine compliance in accordance with the following:

(a) On the first operating day of every month ensure that the solvent cleaning 

machine system contains only clean liquid solvent;

(1) This includes, but is not limited to, fresh unused solvent, recycled 

solvent, and used solvent that has been cleaned of soils;

(2) A fill line must be indicated during the first month the 

measurements are made;

(3) The solvent level within the machine must be returned to the same 

fill-line each month, immediately before calculating monthly 

emissions; and

(4) The solvent cleaning machine does not have to be emptied and 

filled with fresh unused solvent before the calculations.

(b) Using the records of all solvent additions and deletions for the previous 

monthly reporting period, determine solvent emissions using one (1) of the 

following equations:

(1) For cleaning machines with a solvent/air interface:

AREA

SA LSR SSR E

where:

E = the total halogenated HAP solvent emissions 

from the solvent cleaning machine during the 

most recent monthly reporting period 
100

(kilograms of solvent per square meter of 

solvent/air interface area per month);

SA = the total amount of halogenated HAP liquid solvent 

added to the solvent cleaning machine during the most 

recent monthly reporting period (kilograms of solvent 

per month);

LSR = the total amount of halogenated HAP liquid solvent 

removed from the solvent cleaning machine during the 

most recent monthly reporting period (kilograms of 

solvent per month);

SSR = the total amount of halogenated HAP solvent removed 

from the solvent cleaning machine in solid waste during 

the most recent monthly reporting period (kilograms of 

solvent per month) determined from tests conducted 

using EPA reference method 25d or by engineering 

calculations included in the compliance report;

Area = the solvent/air interface area of the solvent cleaning 

machine (square meters); or

(2) For cleaning machines without a solvent/air interface:

E = SA-LSR-SSR

where:

E = the total halogenated HAP solvent emissions from the 

solvent cleaning machine during the most recent 

monthly reporting period (kilograms of solvent per 

month);

SA = the total amount of halogenated HAP liquid solvent 

added to the solvent cleaning machine during the most 

recent monthly reporting period (kilograms of solvent 

per month);

LSR = the total amount of halogenated HAP liquid solvent 

removed from the solvent cleaning machine during the 

most recent monthly reporting period (kilograms of 

solvent per month);

SSR = the total amount of halogenated HAP solvent removed 

from the solvent cleaning machine in solid waste during 
101

the most recent monthly reporting period (kilograms of 

solvent per month) determined from tests conducted 

using EPA reference method 25d (40 C.F.R. § 60) or by 

engineering calculations included in the compliance 

report; and

(c) Determine the monthly rolling average, EA, for the three (3) month period 

ending with the most recent reporting period using one (1) of the 

following equations:

(1) For cleaning machines with a solvent/air interface:

3

3

j 1

E

EA

where:

EA = the average halogenated HAP solvent emissions 

over the preceding three (3) monthly reporting 

periods, (kilograms of solvent per square meter 

of solvent/air interface area per month);

E = halogenated HAP solvent emissions for each month (j) 

for the most recent three (3) monthly reporting periods 

(kilograms of solvent per square meter of solvent/air 

interface area);

j=1 = the most recent 

j=2 = the monthly reporting period immediately before j=1;

j=3 = the monthly reporting period immediately before j=2; 

or

(2) For cleaning machines without a solvent/air interface:

3

3

j 1

E

EA

where:

EA = the average halogenated HAP solvent emissions over 

the preceding three (3) monthly reporting periods 

(kilograms of solvent per month);
102

E = halogenated HAP solvent emissions for each month (j) 

for the most recent three (3) monthly reporting periods 

(kilograms of solvent per month);

j=1 = the most recent monthly reporting period;

j=2 = the monthly reporting period immediately before j=1;

j=3 = the monthly reporting period immediately before j=2.

769 SOLVENT CLEANING – RECORDKEEPING AND MONITORING

769.1 The operator of a solvent cleaning machine subject to §§ 764 through 767 shall 

conduct monitoring and record keeping as follows:

(a) If a freeboard refrigeration device is used to comply with these standards, 

the owner or operator shall use a thermometer or thermocouple to measure 

the temperature at the center of the air blanket during the idling mode.

Measurements and recordings shall be made weekly;

(b) If a superheated vapor system is used to comply with these standards, the 

owner or operator shall use a thermometer or thermocouple to measure the 

temperature at the center of the superheated solvent vapor zone while the 

solvent cleaning machine is in the idling mode. Measurements and 

recordings shall be made weekly;

(c) If a cover (working-mode, downtime-mode, or idling-mode cover) is used 

to comply with these standards, the owner or operator shall conduct a 

visual inspection to determine if the cover opens and closes properly, 

completely covers the cleaning machine openings when closed, and is free 

of cracks, holes, and other defects. Observations and recordings shall be 

made weekly;

(d) If dwell is used, the owner or operator shall determine the actual dwell 

time by measuring the period of time that parts are held within the 

freeboard area of the solvent cleaning machine after cleaning.

Observations and recordings shall be made monthly;

(e) The owner or operator shall determine the hoist speed by measuring the 

time it takes for the hoist to travel a measured distance. The speed is equal 

to the distance in meters divided by the time in minutes (meters per 

minute). Measurements and recordings shall be made monthly;

(f) The owner or operator of a batch vapor or in-line solvent cleaning 

machine complying using reduced room draft, maintained by controlling 
103

room parameters including but not limited to redirecting fans, and closing 

doors and windows, shall conduct monitoring and record the results as 

follows:

(1) Initially measure the wind speed within six inches (6 in.) above the 

top of the freeboard area of the solvent cleaning machine in 

accordance with the following:

(A) Determine the direction of the wind current by slowly 

rotating a velometer or similar device until the maximum 

speed is located;

(B) Orient a velometer in the direction of the wind current at 

each of the four corners of the machine;

(C) Record the reading for each corner; and

(D) Average the values obtained at each corner and record the 

average wind speed;

(2) Record the room parameters established during the initial 

compliance test to achieve the reduced room draft;

(3) Quarterly monitor the wind speed in accordance with subparagraph 

(f)(1) of this section; and

(4) Weekly monitor the room parameters as specified in this section;

(g) If an enclosure, full or partial, is used to achieve reduced room draft, the 

owner or operator shall conduct an initial monitoring test and, thereafter, 

monthly monitoring tests of the wind speed within the enclosure by slowly 

rotating a velometer inside the entrance to the enclosure until the 

maximum speed is located and record the maximum wind speed. The 

owner or operator shall also conduct a monthly visual inspection of the 

enclosure to determine if it is free of cracks, holes, and other defects; and

(h) If a carbon adsorber is used to comply with these standards, the owner or 

operator shall measure and record the concentration of halogenated HAP 

solvent in the exhaust of the carbon adsorber weekly with a colorimetric 

detector tube;

(1) This test shall be conducted while the solvent cleaning machine is 

in the working mode and is venting to the carbon adsorber;

(2) The exhaust concentration shall be determined using a colorimetric 

detector tube designed to measure a concentration of one hundred 
104

parts per million (100 ppm) by volume of solvent in air to an 

accuracy of plus or minus twenty-five parts per million (25 ppm) 

by volume; and

(3) The concentration shall be determined through a sampling port for 

monitoring within the exhaust outlet that is easily accessible and 

located at least eight (8) stack or duct diameters downstream and 

two (2) stack or duct diameters upstream from any flow 

disturbance such as a bend, expansion, contraction, or outlet; 

downstream from no other inlet.

770 MISCELLANEOUS INDUSTRIAL SOLVENT CLEANING OPERATIONS 

770.1 Except as provided in § 770.9, after January 1, 2012, any person who:

(a) Uses any industrial cleaning solvent in a solvent cleaning operation in or 

on the premises of a factory or a shop as part of a manufacturing, 

production, or repairing process where the facility emits at least fifteen 

pounds (15 lb.) of VOC emissions in any one (1) day from all solvent 

cleaning operations shall be subject to this section through § 770.10(a); 

(b) Sells, supplies, offers for sale, or manufactures any industrial cleaning 

solvent for use in the District of Columbia shall be subject to this section 

through § 770.10(a); or

(c) Uses any industrial cleaning solvent in a solvent cleaning operation in or 

on the premises of a factory or a shop as part of a manufacturing, 

production, or repairing process where the facility emits less than fifteen 

pounds (15 lb.) of VOC emissions in any one (1) day from all solvent 

cleaning operations shall be subject to § 770.10(b).

770.2 Any solvent cleaning operation that becomes or is currently subject to the 

provisions of this section by exceeding the applicability threshold in § 770.1(a) 

will remain subject to these provisions even if its throughput or emissions have 

fallen or later fall below the applicability threshold.

770.3 For purposes of § 770 and any of the definitions in § 799 applicable to § 770, the 

District incorporates by reference rules and test methods from the California Air 

Resource Board (CARB), the South Coast Air Quality Management District 

(SCAQMD), and the American Society for Testing and Materials (ASTM), where 

specifically cited.

770.4 Each part of § 770 shall be deemed severable, and if any part is held to be invalid, 

the remainder shall continue in full force.
105

770.5 On and after January 1, 2012, no person may use any industrial cleaning solvent 

in a solvent cleaning operation unless:

(a) The person uses an industrial cleaning solvent that meets at least one of 

the following limitations:

(1) A content limit of fifty grams (50 g.) VOC per liter as applied 

including water and exempt compounds; or

(2) A composite vapor pressure of less than or equal to eight 

millimeters of mercury (8 mm. Hg) at twenty degrees Celsius (20°

C) or sixty-eight degrees Fahrenheit (68° F); or

(b) The person controls VOC emissions from the solvent cleaning operation 

with an emission control system with an overall control efficiency of at 

least eight-five percent (85%).

770.6 The VOC content of industrial cleaning solvents shall be determined by:

(a) EPA Reference Method 24 (Code of Federal Regulations, Title 40, Part 

60, Appendix A), where the exempt compounds' content shall be 

determined by the South Coast Air Quality Management District's 

(SCAQMD) Method 303 (Determination of Exempt Compounds) 

contained in the SCAQMD "Laboratory Methods of Analysis for

Enforcement Samples" manual; or

(b) SCAQMD Method 304 [Determination of Volatile Organic Compounds 

(VOC) in Various Materials] contained in the SCAQMD "Laboratory 

Methods of Analysis for Enforcement Samples" manual; and

(c) For the purposes of (a) and (b), exempt perfluorocarbon compounds will 

be analyzed as exempt compounds for compliance with § 770.4, only 

when manufacturers specify which individual compounds are used in the 

solvent formulation and identify the EPA and the District approved test 

methods used to quantify the amount of each exempt compound.

770.7 The vapor pressure of the industrial cleaning solvent shall be determined using the 

following methods:

(a) If the solvent subject to § 770.5 is composed of only one (1) VOC, the 

vapor pressure shall be determined by ASTM Method D-2879-86 or from 

a published source such as: Boublik, T., V. Fried and E. Hala, “The Vapor 

Pressure of Pure Substances,” Elsevier Scientific Publishing Company, 

New York (1973), or Perry’s Chemical Engineer’s Handbook, McGrawHill Book Company (1984), or CRC Handbook of Chemistry and Physics, 
106

Chemical Rubber Publishing Company (1986-87), or Lange’s Handbook 

of Chemistry, John A. Dean, editor, McGraw-Hill Book Company (1985);

(b) If the industrial cleaning solvent subject to § 770.5 is composed of VOCs 

and non-VOCs, the vapor pressure shall be determined by the following 

equation:

P = 

n

n

Xi

PiXi

where: 

P = Total vapor pressure of the VOC component of the solvent at 

twenty degrees Celsius (20° C) or sixty-eight degrees Fahrenheit 

(68o F), in millimeters of mercury (mm. Hg), 

n = Number of VOCs in the solvent, 

i = Subscript denoting an individual VOC, 

Pi = Vapor pressure of the “i”th VOC at twenty degrees Celsius (20° C)

or sixty-eight degrees Fahrenheit (68o F) determined pursuant to §

709.8(a), in mm Hg, and 

Xi = Mole fraction of the “i”th VOC of the total solvent; or

(c) If the industrial cleaning solvent subject to § 770.5 is composed of only 

VOCs, the vapor pressure shall be determined by ASTM Method D-2879-

86 or by the equation in § 770.7(b).

770.8 A person who sells or offers for sale any solvent containing VOCs for use in a 

solvent cleaning operation shall provide the following written information to the 

purchaser:

(a) The name and address of the solvent supplier;

(b) The type of solvent including the product or vendor identification number; 

and

(c) The vapor pressure of the solvent measured in millimeters of mercury 

(mm. Hg) at twenty degrees Celsius (20oC) or sixty-eight degrees 

Fahrenheit (68° F); or 

(d) The VOC content in grams per liter including exempt compounds.
107

770.9 Subsections 770.1 through 770.8 shall not apply on or after January 1, 2012, to 

any person who owns, operates, or leases:

(a) Any cold cleaning machine, batch vapor cleaning machine, in-line vapor 

cleaning machine, airless cleaning machine, air-tight cleaning machine, or 

other solvent cleaning machine subject to §§ 763 to 769;

(b) Cleaning and surface preparation operations at sources subject to §§ 710, 

714, 716, 718, and 743 through 749;

(c) Products used to clean electrical and electronic components;

(d) Products used to clean high precision optics;

(e) Products used to clean numismatic dies;

(f) Products used to strip cured inks, coatings, and adhesives;

(g) Cleaning products used for janitorial purposes, including graffiti remover 

products;

(h) Products used to clean resin, coating, ink, and adhesive mixing, molding, 

and application equipment;

(i) Cleaning and surface preparation operations in research and development 

laboratories;

(j) Cleaning and surface preparation operations in medical device or 

pharmaceutical products manufacturing; 

(k) Cleaning and surface preparation operations related to performance of 

quality assurance testing or performance testing of coatings, inks, or 

adhesives;

(l) Cleaning and surface preparation operations related to the application of 

coatings, inks, and adhesives to flexible packaging from presses, press 

parts, and areas around presses, including off-line cleaning; 

(m) Parts washers or cold cleaners for purposes other than removing inks, 

coatings, and adhesives from flexible package printing presses.

(n) Cleaning and surface preparation operations related to application of 

coatings subject to regulation under §§ 773 to 778 (AIM) to the extent the 

coatings are used as architectural and industrial maintenance coatings;

(o) Printing operations using electron beam inks or ultraviolet inks;
108

(p) Cleaning and surface preparation operations related to screen printing;

(q) Cleaning and surface preparation operations related to specialty 

flexographic printing; or

(r) Cleaning and surface preparation operations related to magnet wire 

coating operations.

770.10 Any person subject to:

(a) Subsections 770.1(a) or (b) shall keep records as may be necessary to 

determine emissions and compliance with the applicable limitation or 

control requirement as follows:

(1) The records shall include, but not be limited, to the information 

specified in § 770.7 or an invoice, bill of sale, certificate that 

corresponds to a number of sales, Material Safety Data Sheet 

(MSDS), or other appropriate documentation acceptable to the 

Department that may be used to comply with this section;

(2) The records shall provide sufficient data and calculations to clearly 

demonstrate that the emission limitations or control requirements 

are met;

(3) Data or information required to determine compliance with an 

applicable limitation shall be recorded and maintained in a time 

frame consistent with the averaging period of the standard; and

(4) The records shall be retained at least two (2) years and shall be 

made available to the Department on request; or

(b) Subsection 770.1(c) shall maintain records that clearly demonstrate to the 

Department that the facility’s emissions are below the applicability 

threshold.

771 MISCELLANEOUS CLEANING AND VOC MATERIALS HANDLING 

STANDARDS

771.1 On or after January 1, 2012, any person who:

(a) Owns, operates, or leases any solvent cleaning operation subject to § 770 

shall be subject to §§ 771 through 771.4(a);

(b) Uses any process that applies coatings, inks, or adhesives to flexible 

packaging where the facility emits more than fifteen pounds (15 lb.) of 
109

VOC emissions in any one (1) day before consideration of controls from 

all processes involved in applying coatings, inks, or adhesives to flexible 

packaging, including related clean-up activities shall be subject to §§ 771 

through 771.4(a); and

(c) Uses any process that applies coatings, inks, or adhesives to flexible 

packaging where the facility emits less than fifteen pounds (15 lb.) of 

VOC emissions in any one (1) day before consideration of controls from 

all processes involved in applying coatings, inks, or adhesives to flexible 

packaging, including related clean-up activities shall be subject to §

771.4(b).

771.2 Any solvent cleaning operation or other process specified in § 771.1 that becomes 

or is currently subject to the provisions of this section by exceeding the 

applicability threshold in § 771.1(a) or (b) shall remain subject to these provisions 

even if its throughput or emissions have fallen or later fall below the applicability 

threshold.

771.3 No person subject to this § 771.1 shall use, handle, store, or dispose of VOC 

containing materials coatings, solvents, industrial cleaning solvents, inks, adhesives 

and waste materials unless the person:

(a) Stores all VOC containing materials, coatings, solvents, industrial cleaning 

solvents, inks, adhesives, and waste materials in closed containers, except 

when depositing or removing these materials;

(b) Minimizes spills of VOC containing materials;

(c) Cleans up spills immediately;

(d) Conveys any VOC containing materials, coatings, solvents, industrial 

cleaning solvents, inks, adhesives, and waste materials in closed containers 

or pipes;

(e) Closes mixing vessels which contain VOC containing materials, coatings, 

solvents, industrial cleaning solvents, inks, and adhesives except when they 

are specifically in use;

(f) Minimizes emissions of VOCs during cleaning of storage, mixing, 

conveying, and other equipment; and

(g) Stores cloth and paper, or other absorbent applicators, moistened with 

coatings, solvents or cleaning solvents in closed, nonabsorbent, 

nonleaking containers.

771.4 Any person subject to:
110

(a) Subsections 771.1(a) or (b) shall keep records as may be necessary to 

determine emissions and compliance with the applicable limitation or 

control requirement as follows:

(1) The records shall provide sufficient data and calculations to 

demonstrate clearly that the emission limitations or control 

requirements are met;

(2) Data or information required to determine compliance with an 

applicable limitation shall be recorded and maintained in a time 

frame consistent with the averaging period of the standard; and

(3) The records shall be retained at least two (2) years and shall be 

made available to the Department on request; or

(b) Subsection 771.1(c) shall maintain records that clearly demonstrate to the 

Department that the facility’s emissions are below the applicability 

threshold.

772 [RESERVED]

773 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING –

GENERAL REQUIREMENTS 

773.1 Sections 773 through 778 apply to any person who supplies, sells, offers for sale, 

manufactures, applies, blends, repackages, or solicits the application of any 

architectural coating on or after January 1, 2005, within the District of Columbia, 

except as provided in § 775.

773.2 For purposes of §§ 773 through 778 and of any definitions in §799 applicable to 

§§ 773 through 778 the District incorporates by reference rules and test methods 

from the United States Environmental Protection Agency (U.S. EPA), the Code of 

Federal Regulations (C.F.R.), the California Air Resource Board (CARB), the 

South Coast Air Quality Management District (SCAQMD), the Bay Area Air 

Quality Management District (BAAQMD), and the American Society for Testing 

and Materials (ASTM), where specifically cited. 

773.3 Each part of §§ 773 through 778 shall be deemed severable, and if any part is held 

to be invalid, the remainder shall continue in full force.

774 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING –

STANDARDS

774.1 No person shall manufacture, blend, supply, sell, offer for sale, apply, or solicit 

the application of any architectural coating with a VOC content in excess of the 
111

corresponding limit specified in the Table of Standards in § 774.10, except as 

provided in §§ 774.2, 774.3, 774.8, and 774.10.

774.2 The most restrictive VOC content limit shall apply if anywhere on the container 

of any architectural coating, or any label or sticker affixed to the container, or in 

any sales, advertising, or technical literature supplied by a manufacturer or 

anyone acting on their behalf, any representation is made that indicates that the 

coating meets the definition of or is recommended for use for more than one (1) 

of the coating categories listed in the Table of Standards in § 774.10. This provision does not apply to the following coating categories:

(a) Lacquer coatings (including lacquer sanding sealers);

(b) Metallic pigmented coatings;

(c) Shellacs;

(d) Fire-retardant coatings;

(e) Pretreatment wash primers;

(f) Industrial maintenance coatings;

(g) Low-solids coatings;

(h) Wood preservatives;

(i) High-temperature coatings;

(j) Temperature-indicator safety coatings;

(k) Antenna coatings;

(l) Antifouling coatings;

(m) Flow coatings;

(n) Bituminous roof primers;

(o) Specialty primers, sealers, and undercoaters;

(p) Thermoplastic rubber coating and mastic;

(q) Calcimine recoaters;

(r) Impacted immersion coatings;
112

(s) Nuclear coatings; and

(t) Concrete surface retarders.

774.3 A coating manufactured before the effective date specified for that coating in the 

Table of Standards in § 774.10, may be sold, supplied, or offered for sale after the 

specified effective date. In addition, a coating manufactured before the effective 

date specified for that coating in the Table of Standards in § 774.10 may be 

applied at any time, both before and after the specified effective date, so long as 

the coating complied with the standards in effect at the time the coating was manufactured. This subsection does not apply to any coating that does not display the 

date or date code required by § 776.1(a).

774.4 All architectural coating containers used to apply the contents therein to a surface 

directly from the container by pouring, siphoning, brushing, rolling, padding, 

ragging, or other means shall be closed when not in use. These architectural 

coatings containers include, but are not limited to:

(a) Drums, buckets, cans, pails, trays, or other application containers; and 

(b) Containers of any VOC-containing materials used for thinning and 

cleanup shall also be closed when not in use.

774.5 No person who applies or solicits the application of any architectural coating shall 

apply a coating that is thinned to exceed the applicable VOC limit specified in the 

Table of Standards in § 774.10.

774.6 No person shall apply or solicit the application of any rust preventive coating for 

industrial use, unless such a rust preventive coating complies with the industrial 

maintenance coating VOC limit specified in the Table of Standards in § 774.10.

774.7 For any coating that does not meet any of the definitions for the specialty coatings 

categories listed in the Table of Standards in § 774.10, the VOC content limit 

shall be determined by classifying the coating as a flat coating or a non-flat 

coating, based on its gloss, as defined in § 799, and the corresponding flat or 

non-flat coating limit shall apply.

774.8 A manufacturer, seller, or user of an industrial maintenance coating may petition 

the Department to apply an industrial maintenance coating with a VOC content 

greater than three hundred forty gallons per liter (340 g./L) if all of the following 

conditions are met:

(a) The industrial maintenance coating is applied outside the ozone season, 

normally May through September every year;
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(b) The petition submitted to the Department shall contain the following 

information, as applicable: job requirements and descriptions, volume of 

coating, maximum VOC content, and a certification that a complying 

coating meeting the job performance requirements is not available; and

(c) If the Department grants written approval, such approval shall contain 

volume and VOC limit conditions. Until written approval is granted by the 

Department and received by the petitioner, all provisions of this section 

shall apply.

774.9 The Department shall not approve any petition under § 774.8 if the approvals 

previously granted by the Department during the calendar year, when combined 

with the petition under consideration, would result in excess VOC emissions for 

that calendar year that would exceed five percent (5%) of the annual emission 

reduction achieved within the District of Columbia from implementing the 

January 1, 2005, VOC limit for industrial maintenance coatings. Coatings subject 

to this provision shall be sold only if an approved petition (or a copy of it) is 

provided before the sale. Coatings subject to this provision shall not be available 

to the general public.

774.10 Notwithstanding the provisions of § 774.1, a person or facility may add up to ten 

percent (10%) by volume of VOC to a lacquer to avoid blushing of the finish 

during days with relative humidity greater than seventy percent (70%) and temperature below sixty-five degrees Fahrenheit (65° F) or eighteen degrees Celsius 

(18o C) at the time of application, provided that the coating contains acetone and 

no more than five hundred fifty grams (550 g.) of VOC per liter of coating, less 

water and exempt compounds, before the addition of VOC.

Table of Standards. VOC Content Limits for Architectural Coatings.1

Coating Category VOC Content Limit

(Grams VOC per liter)2

Flat coatings 100

Non-flat coatings 150

Non-flat high gloss coatings 250

Specialty Coatings

Antenna coatings 530

Antifouling coatings 400

Bituminous roof coatings 300

 

1 Limits are expressed in grams of VOC per liter of coating thinned to the manufacturer's maximum 

recommendation, excluding the volume of any water, exempt compounds, or colorant added to tint bases. 

Manufacturer’s maximum recommendation means the maximum recommendation for thinning that is 

indicated on the label or lid of the coating container. 

2Conversion factor: one pound VOC per gallon (U.S.) is equivalent to one hundred nineteen and ninetyfive one hundredths grams per liter (119.95 g/L).
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Coating Category VOC Content Limit

(Grams VOC per liter)2

Bituminous roof primers 350

Bond breakers 350

Calcimine recoater 475

Clear wood coatings:

• Clear brushing lacquers 680

• Lacquers (including lacquer sanding sealers) 550

• Sanding sealers (other than lacquer sanding 

sealers)

350

• Varnishes 350

Concrete curing compounds 350

Concrete surface retarders 780

Conjugated oil varnish 450

Conversion varnish 725

Dry fog coatings 400

Faux finishing coatings 350

Fire-resistive coatings 350

Fire-retardant coatings

• Clear 650

• Opaque 350

Floor coatings 250

Flow coatings 420

Form-release compounds 250

Graphic arts coatings (sign paints) 500

High-temperature coatings 420

Industrial maintenance coatings 340

Impacted immersion coatings 780

Low-solids coatings3120

Magnesite cement coatings 450

Mastic texture coatings 300

Metallic pigmented coatings 500

Multi-color coatings 250

Nuclear coatings 450

Pre-treatment wash primers 420

Primers, sealers, and undercoaters 200

Reactive penetrating carbonate stone sealer 600

Quick-dry enamels 250

Quick-dry primers, sealers and undercoaters 200

Recycled coatings 250

Roof coatings 250

 

3 Units for this coating are grams of VOC per liter (pounds of VOC/gallon) of coating, including water 

and exempt compounds
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Coating Category VOC Content Limit

(Grams VOC per liter)2

Rust preventative coatings 400

Shellacs

• Clear 730

• Opaque 550

Specialty primers, sealers, and undercoaters 350

Stains 250

Stone consolidants 450

Swimming pool coatings 340

Swimming pool repair and maintenance 

coatings

340

Temperature-indicator safety coatings 550

Thermoplastic rubber coatings and mastics 550

Traffic marking coatings 150

Waterproofing sealers 250

Waterproofing concrete/masonry sealers 400

Wood preservatives 350

775 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING –

EXEMPTIONS

775.1 Sections 773 through 778 do not apply to:

(a) Any architectural coating that is sold or manufactured for use outside of 

the District of Columbia or for shipment to other manufacturers for 

reformulation or repackaging;

(b) Any aerosol coating product; or

(c) Any architectural coating that is sold in a container with a volume of one 

liter (1 L) or one and fifty-seven hundredths quarts (1.057 q.) or less.

776 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING –

LABELING REQUIREMENT

776.1 A manufacturer of any architectural coating shall list the following information on 

the coating container (or label) in which the coating is sold or distributed:

(a) The date the coating was manufactured, or a date code representing the 

date, on the label, lid, or bottom of the container, and if the manufacturer 

uses a date code for any coating, the manufacturer shall file an explanation 

of each code with the Department;

(b) A statement of the manufacturer's recommendation regarding thinning of 

the coating on the label or lid of the container, except to the thinning of 
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architectural coatings with water. If thinning of the coating before use is 

not necessary, the recommendation must specify that the coating is to be 

applied without thinning;

(c) Either the maximum or the actual VOC content of the coating, as supplied, 

including the maximum thinning as recommended by the manufacturer, 

where:

(1) VOC content shall be displayed in grams of VOC per liter of 

coating; and

(2) VOC content displayed shall be calculated using product formulation data, or shall be determined using the test methods and 

equations in § 778.1(a), 778.1(b), and 778.2;

(d) On the label or the lid of the container in which any industrial 

maintenance coating is sold or distributed, one or more of the descriptions 

listed in subparagraphs (1) through (3):

(1) "For industrial use only";

(2) "For professional use only"; or

(3) "Not for residential use" or "Not intended for residential use";

(e) If the product is a clear brushing lacquer, the prominently displayed 

statements "For brush application only", and "This product must not be 

thinned or sprayed";

(f) If the product is a rust preventive coating, the prominently displayed 

statement, "For Metal Substrates Only";

(g) If the product is a specialty primers sealer, or undercoater, the prominent 

display of one or more of the descriptions listed in subparagraphs (1) 

through (6):

(1) For blocking stains;

(2) For fire-damaged substrates;

(3) For smoke-damaged substrates;

(4) For water-damaged substrates; 

(5) For excessively chalky substrates; or
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(6) To seal in efflorescence;

(h) If the product is a quick dry enamel, the prominently displayed words 

"Quick Dry" and the dry hard time; 

(i) If the product is a non-flat, high-gloss coating, the prominently displayed 

words "High Gloss"; and

(j) If the product is a stone consolidant, the prominently displayed words 

“Stone Consolidant – For Professional Use Only.”

777 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING –

REPORTING REQUIREMENTS

777.1 Upon request by the Department, any manufacturer of clear brushing lacquers 

shall submit a report to the Department that specifies the number of gallons of 

clear brushing lacquers sold in the District of Columbia during the preceding 

calendar year, and describes the method used by the manufacturer to calculate 

District of Columbia sales.

777.2 Upon request by the Department, any manufacturer of rust preventive coatings 

shall submit an annual report to the Department that specifies the number of 

gallons of rust preventive coatings sold in the District of Columbia during the 

preceding calendar year, and describes the method used by the manufacturer to 

calculate District of Columbia sales.

777.3 Upon request by the Department, any manufacturer of specialty primers, sealers, 

and undercoaters shall submit an annual report to the Department that specifies 

the number of gallons of specialty primers, sealers, and undercoaters sold in the 

District of Columbia during the preceding calendar year, and describes the 

method used by the manufacturer to calculate District of Columbia sales.

777.4 Upon request by the Department, any manufacturer of architectural coating that 

contains perchloroethylene or methylene chloride shall submit an annual report to 

the Department that specifies the following information for products sold in the 

District of Columbia during the preceding year:

(a) The product brand name and a copy of the product label with the legible 

usage instructions;

(b) The product category listed in the Table of Standards in § 774.10, to 

which the coating belongs;

(c) The total sales in the District during the calendar year to the nearest 

gallon; and
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(d) The volume percentage, to the nearest one tenth of a percent (0.1%), of 

perchloroethylene and methylene chloride in the coating.

777.5 Upon request by the Department, any manufacturer of recycled coatings shall 

submit a letter to the Department certifying its status as a recycled paint 

manufacturer and shall submit an annual report to the Department. The report 

shall include, for all recycled coatings, the total number of gallons distributed in 

the District of Columbia during the preceding year and shall describe the method 

used by the manufacturer to calculate District of Columbia distribution.

777.6 Upon request by the Department, any manufacturer of bituminous roof coatings or 

bituminous roof primers shall submit an annual report to the Department that 

specifies the number of gallons of bituminous roof coatings or bituminous roof 

primers sold in the District of Columbia during the preceding calendar year and 

describes the method used by the manufacturer to calculate District of Columbia 

sales.

778 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING –

TESTING REQUIREMENTS

778.1 For the purpose of determining compliance with the VOC content limits in the 

Table of Standards in § 774.10, the VOC content of a coating shall be determined 

by using the procedures described below in paragraphs (a) or (b), as appropriate.

The VOC content of a tint base shall be determined without colorant that is added 

after the tint base is manufactured as follows:

(a) With the exception of low solids coatings, determine the VOC content in 

grams of VOC per liter of coating thinned to the manufacturer's maximum 

recommendation, excluding the volume of any water and exempt 

compounds. Determine the VOC content using the following equation:

VOC Content = (Ws - Ww - Wec)

(Vm - Vw - Vec)

where:

VOC content = grams of VOC per liter of coating;

Ws = weight of volatiles, in grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams;

Vm = volume of coating, in liters;
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Vw = volume of water, in liters; and

Vec = volume of exempt compounds, in liters; or

(b) For low solids coatings, determine the VOC content in units of grams of 

VOC per liter of coating thinned to the manufacturer's maximum 

recommendation, including the volume of any water and exempt 

compounds. Determine the VOC content using the following equation:

VOC Content (ls) = (Ws - Ww - Wec)

(Vm)

where:

VOC Content (ls) = the VOC content of a low solids coating in grams per 

liter of coating;

Ws = weight of volatile, in grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams; and

Vm = volume of coating, in liters.

778.2 To determine the physical properties of a coating in order to perform the 

calculations in §778.1, the reference method for VOC content is U.S. EPA 

Method 24, except as provided in § 778.3 and 778.4. An alternative method to 

determine the VOC content of coatings is SCAQMD Method 304-91 (Revised 

February 1996), adopted by reference in § 778.5(j). The exempt compounds 

content shall be determined by SCAQMD Method 303-91 (Revised August 

1996), adopted by reference in § 778.5(h)(3). To determine the VOC content of a 

coating, the manufacturer may use U.S. EPA Method 24, or an alternative 

method, as provided in § 778.3, formulation data, or any other reasonable means 

for predicting that the coating has been formulated as intended including but not 

limited to quality assurance checks and record keeping. However, if there are any 

inconsistencies between the results of a Method 24 test and any other means for 

determining VOC content, the Method 24 results will govern, except when an 

alternative method is approved as specified in § 778.3. The Department may 

require the manufacturer to conduct a Method 24 analysis.

778.3 Alternative test methods may be used if they are demonstrated to provide results 

that are acceptable for purposes of determining compliance with § 778.2, and 

have been reviewed and approved in writing by the Department and the U.S. 

EPA.
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778.4 Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be conducted according to a modification of U.S. EPA Method 24 in 40 

C.F.R. Part 59, Subpart D, Appendix A. This method has not been approved for 

methacrylate multi-component coatings used for purposes other than traffic 

marking coatings or other classes of multi-component coatings.

778.5 The following test methods are incorporated by reference herein, and shall be 

used to test coatings subject to the provisions of §§ 773 through 778: 

(a) The flame spread index of a fire-retardant coating shall be determined by 

the ASTM Designation E 84-99, Standard Test Method for Surface 

Burning Characteristics of Building Materials, (see § 799, fire-retardant 

coating);

(b) The fire-resistance rating of a fire-resistive coating shall be determined by 

ASTM Designation E 119-98, Standard Test Methods for Fire Tests of 

Building Construction Materials, (see § 799, fire-resistive coating);

(c) The gloss of a coating shall be determined by ASTM Designation D 

523-89 (1999), Standard Test Method for Specular Gloss, (see § 799, flat 

coating, non-flat coating, non-flat high gloss coating, and quick dry 

enamel);

(d) The metallic content of a coating shall be determined by SCAQMD 

Method 318-95, Determination of Weight Percent Elemental Metal in 

Coatings by X-Ray Diffraction, SCAQMD Laboratory Methods of 

Analysis for Enforcement Samples, (see § 799, metallic pigmented 

coating);

(e) The acid content of a coating shall be determined by ASTM Designation 

D 1613-96, Standard Test Method for Acidity in Volatile Solvents and 

Chemical Intermediates Used in Paint, Varnish, Lacquer and Related 

Products (see § 799, pre-treatment wash primer);

(f) The set-to-touch, dry-hard, dry-to-touch, and dry-to-recoat times of a 

coating shall be determined by ASTM Designation D 1640-95, Standard 

Methods for Drying, Curing, or Film Formation of Organic Coatings at 

Room Temperature, (see § 799, quick dry enamel and quick-dry primer, 

sealer, and undercoater). The tack free time of a quick-dry enamel coating 

shall be determined by the Mechanical Test Method of ASTM Designation 

D 1640-95;

(g) The chalkiness of a surface shall be determined using ASTM Designation 

D 4214-98, Standard Test Methods for Evaluating the Degree of Chalking 

of Exterior Paint Films, (see § 799, specialty primer, sealer, and 

undercoater);
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(h) The following compounds are exempt from the test methods above and 

shall be analyzed by the following alternative methods:

(1) Compounds that are cyclic, branched, or linear, completely methylated siloxanes, shall be analyzed as exempt compounds for 

compliance with § 778 by BAAQMD Method 43, Determination 

of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and 

Related Materials, BAAQMD Manual of Procedures, Volume III, 

adopted November 6, 1996, (see § 778.2);

(2) Parachlorobenzotrifluoride shall be analyzed as an exempt 

compound for compliance with § 778 by BAAQMD Method 41, 

Determination of Volatile Organic Compounds in Solvent-Based 

Coatings and Related Materials Containing Parachlorobenzotrifluoride, BAAQMD Manual of Procedures, Volume III, adopted 

December 20, 1995, (see § 778.2); and

(3) Compounds exempt under U.S. EPA Method 24, which shall be 

analyzed by SCAQMD Method 303-91 (Revised 1993), 

Determination of Exempt Compounds, SCAQMD Laboratory 

Methods of Analysis for Enforcement Samples, (see § 778.2);

(i) The VOC content of a coating shall be determined by U.S. EPA Method 

24 as it exists in 40 CFR Part 60, Appendix A, Determination of Volatile 

Matter Content, Water Content, Density, Volume Solids, and Weight 

Solids of Surface Coatings, (see § 778.2);

(j) Alternatively, the VOC content of coatings may be analyzed by either U.S. 

EPA Method 24 or SCAQMD Method 304-91 (Revised 1996), 

Determination of Volatile Organic Compounds (VOC) in Various 

Materials, SCAQMD Laboratory Methods of Analysis for Enforcement 

Samples (see § 778.2); 

(k) The VOC content of methacrylate multicomponent coatings used as traffic 

marking coatings shall be analyzed by the procedures in 40 CFR Part 59, 

Subpart D, Appendix A, Determination of Volatile Matter Content of 

Methacrylate Multicomponent Coatings Used as Traffic Marking 

Coatings, (September 11, 1998), (see § 778.4); and

(l) The VOC content of stone consolidants shall by analyzed by ASTM 

E2167-01, “Standard Guide for Selection and Use of Stone Consolidants” 

(see § 799, Stone Consolidant).

799 Definitions are amended to read as follows:
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799.1 The meanings ascribed to the definitions and abbreviations appearing in § 199 of 

chapter 1 shall apply to the terms and abbreviations in this chapter. In addition,

the following terms and phrases used in this chapter shall have the meanings set 

forth in this section unless the text or context of a particular section, subsection or 

paragraph provides otherwise:

ACP agreement – the document signed by the Department that includes the conditions and 

requirements of the Alternative Control Plan (ACP) and allows manufacturers to sell ACP 

products in District of Columbia.

ACP emissions – is the following:

(a) The sum of the VOC emissions during the compliance period specified in the ACP 

agreement from every ACP product subject to an ACP Agreement approving an ACP, 

expressed to the nearest pound of VOC; and 

(b) Calculated according to the following equation:

where:

(1) For all products except for charcoal lighter material products:

A = net weight of unit (excluding container and packaging);

B = total weight of all VOCs per unit, as defined in this section; and

C = total weight of all exempted VOCs per unit, as specified in § 721; or

(2) For charcoal lighter material products only:

Certified Emissions = the emissions level for products approved by the 

Department under § 730, as determined pursuant to 

ACP Emissions =(Emissions ) +(Emissions ) + +(Emissions )

1 2  N

100

(VOCContent) x (Enforceable Sales) Emissions=

A

((B C) x 100) VOCContent=

Certified Use Rate

(Certified Emissions x 100) VOC Content=
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South Coast Air Quality Management District Rule 

1174 Ignition Method Compliance Certification 

Protocol (Feb. 27, 1991) including subsequent 

amendments, expressed to the nearest one onethousandth of a pound (0.001 lb) of methylene (CH2) 

per start; and

Certified Use Rate = the usage level for products approved by the 

Department under § 730, as determined pursuant to 

South Coast Air Quality Management District Rule 

1174 Ignition Method Compliance Certification 

Protocol (Feb. 27, 1991) including subsequent 

amendments, expressed to the nearest one onethousandth of a pound (0.001 lb.) certified product used 

per start.

ACP limit – is the following:

(a) The maximum allowable ACP Emissions during the compliance period specified in an 

ACP Agreement approving an ACP, expressed to the nearest pound of VOC; and 

(b) Calculated according to the following equation: 

where:

Enforceable Sales = the total amount of an ACP product sold for use in District of 

Columbia during the applicable compliance period specified in 

the ACP Agreement approving an ACP, as determined through 

enforceable sales records, expressed to the nearest pound, 

excluding container and packaging;

ACP Standard = either the ACP product's Pre-ACP VOC Content, or the 

applicable VOC standard specified in § 720, whichever is the 

lesser of the two;

Pre-ACP VOC Content = the lowest VOC content which the ACP product had 

between January 1, 1990, and the date on which the 

application for a proposed ACP is submitted to the 

Department, based on either the data on the product 

obtained from the March 12, 1991, CARB Consumer 

ACP Limit =(Limit ) +(Limit ) + +(Limit )

1 2  N

100

(ACP Standard)x (Enforceable Sales) Limit=
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Products Survey, or other accurate records available to the 

Department, whichever yields the lowest VOC content for 

the product; and

1, 2,...N = each product in an ACP up to the maximum N.

ACP product – any consumer product subject to the VOC standards specified in § 720, except 

those products that have been exempted under § 721 or exempted as Innovative Products under §

736.

ACP reformulation or ACP reformulated – the process of reducing the VOC content of an 

ACP product, within the period that an ACP is in effect, to a level which is less than the current 

VOC content of the product. 

ACP standard – either the ACP product's pre-ACP VOC content or the applicable VOC 

standard specified in § 720, whichever is less. 

ACP VOC standard – the maximum allowable VOC content for an ACP product, determined 

as follows:

(a) For all ACP products except for charcoal lighter material, the applicable VOC Standard 

specified in § 720; and

(b) For charcoal lighter material products only, the VOC Standard shall be calculated 

according to the following equation:

where:

0.020 = the certification emissions level for the District of 

Columbia-approved product, as specified in § 730; and

Certified Use Rate = the usage level for products approved by the District of 

Columbia under § 730, as determined pursuant to South 

Coast Air Quality Management District Rule 1174 Ignition 

Method Compliance Certification Protocol (Feb. 27, 1991), 

including subsequent amendments, expressed to the nearest 

one one-thousandth of a pound (0.001 lb.) certified product 

used per start.

Acrylonitrile-butadiene-styrene (ABS) welding adhesive – any adhesive intended by the 

manufacturer to weld ABS pipe, which is made by reacting monomers of acrylonitrile, 

butadiene, and styrene. 

Certified Use Rate

(0.020 pound CH per start x 100) VOC Standard=

2
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Adhesive – is the following: 

(a) For the purposes of §§ 719 through 737:

(1) Any product that is used to bond one (1) surface to another by attachment;

(2) Does not include products used on humans and animals, adhesive tape, contact 

paper, wallpaper, shelf liners, or any other product with an adhesive incorporated 

onto or in an inert substrate; 

(3) For “contact adhesive,” does not include units of product, less packaging, which 

consist of more than one gallon (1 gal.); and 

(4) For “construction, panel, and floor covering adhesive” and “general purpose 

adhesive,” does not apply to aerosol adhesives or units of product, less packaging, 

that weigh more than one pound (1 lb.) and consist of more than sixteen (16) fluid 

ounces; and

(b) For the purposes of §§ 714, 743 through 749, 770 and 771, and 773 through 778, any 

chemical substance that is used to bond two (2) surfaces together other than by 

mechanical means. 

Adhesive primer – any product intended by the manufacturer to be applied to a substrate, before 

the application of an adhesive, to provide a bonding surface. 

Adhesive remover – a product designed to remove adhesive from either a specific substrate or a 

variety of substrates. Adhesive remover does not include a product that removes adhesives 

intended exclusively for use on humans or animals. Adhesive includes, but is not limited to, 

caulks, sealants, glues, or similar substances used for the purposes of forming a bond. For the 

purpose of this definition and “adhesive remover” subcategories (a) through (d), the term 

“adhesive” shall mean a substance used to bond one (1) or more of the following materials:

(a) Floor and wall covering adhesive remover – a product designed or labeled to remove 

floor or wall coverings and associated adhesive from the underlying substrate;

(b) Gasket or thread locking adhesive remover – a product designed or labeled to remove 

gaskets or thread locking adhesives. Products labeled for dual use as a paint stripper and 

gasket remover or thread locking adhesive remover are considered gasket or thread 

locking adhesive remover;

(c) General purpose adhesive remover – a product designed or labeled to remove 

cyanoacrylate adhesives as well as non-reactive adhesives or residue from a variety of 

substrates. General purpose adhesive remover includes, but is not limited to, products that 

remove thermoplastic adhesives; pressure sensitive adhesives; dextrine or starch-based 

adhesives; casein glues; rubber or latex based adhesives; as well as products that remove 
126

stickers; decals; stencils; or similar materials. General purpose adhesive remover does not 

include floor or wall covering adhesive remover; and

(d) Specialty adhesive remover – a product designed to remove reactive adhesives from a 

variety of substrates. Reactive adhesives include adhesives that require a hardener or 

catalyst in order for the bond to occur. Examples of reactive adhesives include, but are 

not limited to epoxies, urethanes, and silicones. Specialty adhesive remover does not 

include gasket or thread locking adhesive remover.

Aerosol adhesive or adhesive primer – an aerosol adhesive or adhesive primer product in 

which the spray mechanism is permanently housed in a non-refillable can designed for hand-held 

application without the need for ancillary hoses or spray equipment. Aerosol adhesives include 

special purpose spray adhesives, mist-spray adhesives, and web spray adhesives. 

Aerosol coating product – a pressurized coating product containing pigments or resins that 

dispenses product ingredients with a propellant, and is packaged in a disposable can for 

hand-held application, or for use in specialized equipment for ground traffic/marking 

applications.

Aerosol cooking spray – any aerosol product designed either to reduce sticking on cooking and 

baking surfaces or to be applied on food, or both.

Aerosol product – a pressurized spray system that dispenses product ingredients with a 

propellant contained in a product or a product’s container, or with a mechanically induced force, 

excluding pump sprays.

Aerospace component – for the purposes of §§ 743 to 749, the fabricated part, assembly of 

parts, or completed unit of any aircraft, helicopter, missile, or space vehicle, including passenger 

safety equipment.

Agricultural use – is the following:

(a) The use of any pesticide, method, or device for the control of pests in connection with the 

commercial production, storage, or processing of any animal or plant crop;

(b) Does not include the sale or use of pesticides in properly labeled packages or containers 

that are intended for home use, use in structural pest control, industrial use, or 

institutional use; and

(c) For the purposes of this definition:

(1) “Home use” refers to use in a household or its immediate environment;

(2) “Structural pest control” refers to a use requiring a license under the applicable 

District of Columbia pesticide licensing requirement;
127

(3) “Industrial use” refers to use for or in a manufacturing, mining, or chemical 

process or use in the operation of factories, processing plants, and similar sites; 

and

(4) “Institutional use” refers to use within the lines of, or on property necessary for 

the operation of buildings such as hospitals, schools, libraries, auditoriums, and 

office complexes.

Air freshener – is the following:

(a) Any consumer product including, but not limited to, sprays, wicks, powders, and crystals, 

designed for the purpose of masking odors, or freshening, cleaning, scenting, or 

deodorizing the air;

(b) Spray disinfectants and other products that are expressly represented for use as air 

fresheners, except institutional and industrial disinfectants when offered for sale through 

institutional and industrial channels of distribution. To determine whether a product is an 

air freshener, all verbal and visual representations regarding product use on the label or 

packaging and in the product's literature and advertising may be considered. The presence 

of, and representations about, a product's fragrance and ability to deodorize shall not 

constitute a claim of air freshening; and 

(c) Does not include products that are used on the human body, products that function 

primarily as cleaning products as indicated on a product label or “toilet/urinal care 

products”, disinfectant products claiming to deodorize by killing germs on surfaces, or 

institutional/industrial disinfectants when offered for sale solely through institutional and 

industrial channels of distribution. 

Airless cleaning system – a solvent cleaning machine that is automatically operated and seals at 

a differential pressure of five tenths of a pound (0.5 lb.) per square inch gauge (psig) or less, 

before the introduction of solvent or solvent vapor into the cleaning chamber, and maintains 

differential pressure under vacuum during all cleaning and drying cycles.

Airless spray – a spray coating method wherein the coating is atomized by forcing it through a 

small nozzle opening at high pressure. The coating is not mixed with air before exiting from the 

nozzle opening.

Air-tight cleaning system – a solvent cleaning machine that is automatically operated and seals 

at a differential pressure no greater than five tenths of a pound (0.5 lb.) per square inch gauge 

(psig), before the introduction of solvent or solvent vapor into the cleaning chamber and during 

all cleaning and drying cycles.

Alcohol – any of the following compounds when used as a fountain solution additive for offset 

lithographic printing: ethanol, normal propyl alcohol (n-propanol), and isopropyl alcohol

(isopropanol). 
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Alcohol substitutes – non-alcohol additives that contain VOCs and are used in the fountain 

solution, such as glycol ethers or ethylene glycol. Some additives are used to reduce the surface 

tension of water; others are added to prevent piling (ink build-up).

All other carbon-containing compounds – all other compounds which contain at least one (1) 

carbon atom and are not a Table B compound or a LVP-VOC. 

All other forms – all consumer product forms for which no specific VOC standard is specified 

including but not limited to solids, liquids, wicks, powders, crystals, and cloth or paper wipes 

(towelettes).

Alternative control plan or ACP – any emissions averaging program approved by the District 

of Columbia pursuant to the provisions of this regulation.

Antenna coating – a coating labeled and formulated exclusively for application to equipment 

and associated structural appurtenances that are used to receive or transmit electromagnetic 

signals.

Antifouling coating – a coating formulated for application to submerged stationary structures 

and their appurtenances to prevent or reduce the attachment of marine or freshwater biological 

organisms. To qualify as an antifouling coating, the coating must be registered with both the U.S. 

EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §§ 136, et seq.) 

and with the District of Columbia Department of the Environment (20 DCMR chapters 20-25). 

Antimicrobial hand or body cleaner or soap – is the following:

(a) A cleaner or soap that is designed to reduce the level of microorganisms on the skin 

through germicidal activity including, but not limited to, antimicrobial hand or body 

washes/cleaners, food-handler hand washes, healthcare personnel hand washes, preoperative skin preparations, and surgical scrubs; and

(b) Does not include prescription drug products, antiperspirants, astringent/toner, deodorant, 

facial cleaner or soap, general-use hand or body cleaner or soap, hand dishwashing 

detergent, including antimicrobial, heavy-duty hand cleaner or soap, medicated 

astringent/medicated toner, and rubbing alcohol.

Antiperspirant – any product including, but not limited to, aerosols, roll-ons, sticks, pumps, 

pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to reduce 

perspiration in the human axilla by at least twenty percent (20%) in at least fifty percent (50%) 

of a target population.

Antique motor vehicle – a motor vehicle, but not a reproduction thereof, manufactured more 

than twenty-five (25) years before the current year, which has been maintained in or restored to a 

condition that is substantially in conformance with manufacturer specifications.
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Anti-static product – a product that is labeled to eliminate, prevent, or inhibit the accumulation 

of static electricity. Anti-static product does not include electronic cleaner, floor polish or wax, 

floor coating, and products that meet the definition of aerosol coating product or architectural 

coating. 

Applicable CTG document – for the purposes of § 714, is the following:

(a) “Control Techniques Guidelines for Large Appliance Coatings,” published by EPA, 

September 2007, publication number EPA 453/R-07-004;

(b) “Control Techniques Guidelines for Metal Furniture Coatings,” published by EPA, 

September 2007, publication number EPA 453/R-07-005; or

(c) “Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings,” 

published by EPA, September 2008, publication number EPA-453/R-08-003.

Appurtenance – any accessory to a stationary structure coated at the site of installation, whether 

installed or detached, including but not limited to: bathroom and kitchen fixtures, cabinets, 

concrete forms, doors, elevators, fences, hand railings, lampposts, partitions pipes and piping 

systems, rain gutters and downspouts, stairways, fixed ladders, catwalks and fire escapes, 

window screens, air conditioning equipment, heating equipment, and other fixed mechanical 

equipment or stationary tools. 

Architectural coating – a coating applied to stationary structures and their appurtenances, to

mobile homes, to pavements, or to curbs. Coatings applied in shop applications or to nonstationary structures such as airplanes, ships, boats, railcars, and automobiles, as well as 

adhesives are not considered architectural coatings for the purposes of this rule.

Architectural sealant / primer – any sealant or sealant primer intended by the manufacturer to 

be applied to stationary structures, including mobile homes and appurtenances.

ASTM – the American Society for Testing and Materials.

Astringent/toner – is the following:

(a) Any product not regulated as a drug by the United States Food and Drug Administration 

(FDA) that is applied to the skin for the purpose of cleaning or tightening pores, 

including but not limited to, clarifiers and substrate-impregnated products; and

(b) Does not include any hand, face, or body cleaner or soap product, medicated 

astringent/medicated toner, cold cream, lotion, or antiperspirant.

Automatically close – closure occurs through the activation of a device or mechanism that 

causes a spill-proof system or spout to close, seal, and remain completely closed when not 

dispensing fuel.
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Automatic closure – a device or mechanism that causes a spill-proof system or spout to close, 

seal, and remain completely closed when not dispensing fuel.

Automotive brake cleaner – a cleaning product designed to remove oil, grease, brake fluid, 

brake pad material, or dirt from motor vehicle brake mechanisms.

Automotive elastomeric coating – a coating designed for application over surfaces of flexible 

mobile equipment and mobile equipment components, such as elastomeric bumpers.

Automotive glass adhesive primer – any adhesive primer intended by the manufacturer to be 

applied to automotive glass before installation with an adhesive/sealant. This primer improves 

adhesion to the pinch weld and blocks ultraviolet light. 

Automotive hard paste wax – an automotive wax or polish, which is designed to protect and 

improve the appearance of automotive paint surfaces, is a solid at room temperature, and 

contains zero percent (0%) water by formulation.

Automotive impact-resistant coating – a coating designed to resist chipping caused by road 

debris.

Automotive instant detailer – a product designed for use in a pump spray that is applied to the 

painted surface of automobiles and wiped off before the product being allowed to dry.

Automotive jambing clearcoat – a fast-drying, ready-to-spray clearcoat applied to surfaces 

such as door jams and trunk and hood edges to allow for quick closure.

Automotive lacquer – a thermoplastic coating applied directly to bare metal surfaces of mobile 

equipment and mobile equipment components which dries primarily by solvent evaporation, and 

which is resoluble in its original solvent.

Automotive low-gloss coating – a coating that exhibits a gloss reading less than or equal to 

twenty-five (25) on a sixty (60) degree glossmeter.

Automotive multi-colored topcoat – a topcoat that exhibits more than one (1) color, is 

packaged in a single container, and camouflages surface defects on areas of heavy use, such as 

cargo beds and other surfaces of trucks and other utility vehicles.

Automotive pretreatment – a primer that contains a minimum of half of a percent (0.5%) acid, 

by weight, that is applied directly to bare metal surfaces of mobile equipment and mobile 

equipment components to provide corrosion resistance and to promote adhesion of subsequent 

coatings.

Automotive primer-sealer – a coating applied to mobile equipment and mobile equipment 

components before the application of a topcoat, for the purposes of providing corrosion 

resistance, promoting adhesion of subsequent coatings, promoting color uniformity, and 

promoting the ability of the undercoat to resist penetration by the topcoat.
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Automotive primer-surfacer – a coating applied to mobile equipment and mobile equipment 

components before the application of topcoat, for the purposes of filling surface imperfections in 

the substrate, providing corrosion resistance, or promoting adhesion of subsequent coatings.

Automotive rubbing or polishing compound – a product designed primarily to remove 

oxidation, old paint, scratches or swirl marks, and other defects from the painted surfaces of 

motor vehicles without leaving a protective barrier.

Automotive specialty coating – coatings including but not limited to automotive elastomeric 

coatings, adhesion promoters, automotive low-gloss coatings, bright metal trim repair coatings, 

automotive jambing clearcoats, automotive impact-resistant coatings, rubberized asphaltic 

underbody coatings, uniform finish blenders, weld-through primers applied to automotive 

surfaces, and lacquer topcoats applied to a classic motor vehicle or to an antique motor vehicle.

Automotive topcoat – a coating, or series of coatings, applied over an automotive primersurfacer, automotive primer-sealer, or existing finish on the surface of mobile equipment and 

mobile equipment components for the purpose of protection or beautification.

Automotive touch-up or repair – the application of automotive topcoat finish materials to 

cover minor finishing imperfections equal to or less than one inch (1 in.) in diameter.

Automotive wax, polish, sealant or glaze – is the following:

(a) A product designed to seal out moisture, increase gloss, or otherwise enhance a motor 

vehicle’s painted surfaces, including but not limited to products designed for use in 

autobody repair shops and drive-through car washes, as well as products designed for the 

general public; and

(b) Does not include automotive rubbing or polishing compounds, automotive wash and wax 

products, surfactant-containing car wash products, and products designed for use on 

unpainted surfaces such as bare metal, chrome, glass, or plastic.

Automotive windshield washer fluid – is the following:

(a) Any liquid designed for use in a motor vehicle windshield washer system either as an 

antifreeze or for the purpose of cleaning, washing, or wetting the windshield; and

(b) Does not include fluids placed by the manufacturer in a new vehicle.

Available control options – air pollution control technologies or techniques with a reasonable 

potential for application to the source. Air pollution control technologies and techniques include 

the application of production process or methods, and control systems for VOCs. The control 

technologies and techniques shall include existing controls for the source category and 

technology transfer controls applied to similar source categories. 
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Batch vapor cleaning machine – is the following:

(a) A vapor cleaning machine in which individual parts or a set of parts move through the 

entire cleaning cycle before new parts are introduced into the cleaning machine, 

including but not limited to solvent cleaning machines including ferris wheel cleaners or 

cross rod machines, that clean multiple loads simultaneously and are manually loaded; 

and

(b) Does not include machines which do not have a solvent/air interface, such as airless and 

air-tight cleaning systems.

Bathroom and tile cleaner – is the following:

(a) A product designed to clean tile or surfaces in bathrooms; and

(b) Does not include products designed primarily to clean toilet bowls, toilet tanks, or 

urinals.

Bitumens – black or brown materials including but not limited to asphalt, tar, pitch, and 

asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained 

from natural deposits or as residues from the distillation of crude petroleum or coal.

Bituminous roof coating – a coating that incorporates bitumens that is labeled and formulated 

exclusively for roofing.

Bituminous roof primer – a primer that incorporates bitumens that is labeled and formulated 

exclusively for roofing.

Bond breaker – a coating labeled and formulated for application between layers of concrete to 

prevent a freshly poured top layer of concrete from bonding to the layer over which it is poured.

Bug and tar remover – a product labeled to remove: 

(a) Biological-type residues including but not limited to insect carcasses and tree sap; and 

(b) Road grime, including but not limited to road tar, roadway paint markings, and asphalt 

from painted motor vehicle surfaces without causing damage to the finish.

o C – degrees Celsius

Calcimine recoater – a flat solvent-borne coating formulated and recommended specifically for

recoating calcimine-painted ceilings and other calcimine-painted substrates.

CARB – the California Air Resources Board.
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Carbon adsorber – a bed of activated carbon into which an air/solvent gas-vapor stream is 

routed and which adsorbs the solvent on the carbon.

Carburetor or fuel-injection air intake cleaner – is the following:

(a) A product designed to remove fuel deposits, dirt, or other contaminants from a 

carburetor, choke, throttle body of a fuel-injection system, or associated linkages; and

(b) Does not include products designed exclusively to be introduced directly into the fuel 

lines or fuel storage tank before introduction into the carburetor or fuel injectors.

Carpet and upholstery cleaner – is the following:

(a) A cleaning product designed for the purpose of eliminating dirt and stains on rugs, 

carpeting, and the interior of motor vehicles or on household furniture or objects 

upholstered or covered with fabrics such as wool, cotton, nylon, or other synthetic fabrics 

including but not limited to products that make fabric protectant claims; and

(b) Does not include general purpose cleaners, spot removers, vinyl or leather cleaners, dry 

cleaning fluids, or products designed exclusively for use at industrial facilities engaged in 

furniture or carpet manufacturing.

Ceramic tile installation adhesive – any adhesive intended by the manufacturer for use in the 

installation of ceramic tiles.

Charcoal lighter material – is the following:

(a) Any combustible material designed to be applied on, incorporated in, added to, or used 

with charcoal to enhance ignition; and

(b) Does not include electrical starters and probes, metallic cylinders using paper tinder, 

natural gas, propane, or fat wood.

Chlorinated polyvinyl chloride (CPVC) plastic – a polymer of the vinyl chloride monomer 

that contains sixty-seven percent (67%) chlorine and is normally identified with a CPVC 

marking.

Chlorinated polyvinyl chloride (CPVC) welding adhesive – any adhesive intended by the 

manufacturer for the welding of CPVC plastic pipe.

Classic motor vehicle – a motor vehicle, but not a reproduction thereof, manufactured at least 

fifteen (15) years before the current year, which has been maintained in or restored to a condition 

that is substantially in conformity with manufacturer specifications and appearance.

Cleaning solution – as applied to offset lithography or letterpress printing operations subject to 

the requirements of § 716, liquids used to remove ink or coating and debris from the operating 
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surfaces of the printing press and its parts, including but are not limited to blanket wash, roller 

wash, metering roller cleaner, plate cleaner, impression cylinder washes, rubber rejuvenators, 

and other cleaners.

Cleanup solvent – a VOC-containing material used to remove a loosely held uncured (such as, 

not dry to the touch) adhesive or sealant from a substrate, or clean equipment used in applying a 

material.

Clear brushing lacquers – clear wood finishes, excluding clear lacquer sanding sealers, 

formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical 

reaction and to provide a solid, protective film, which are intended exclusively for application by 

brush and which are labeled as specified in § 776.

Clear wood coatings – clear and semi-transparent coatings, including lacquers and varnishes, 

applied to wood substrates to provide a transparent or translucent solid film. 

Coating – a material applied onto or impregnated into a substrate for protective, decorative, or 

functional purposes. Such materials include, but are not limited to: paints, varnishes, sealants, 

maskants, and temporary protective coatings.

Coating unit – a series of one (1) or more coating applicators and any associated drying area or 

oven wherein a coating is applied, dried, or cured. A coating unit ends at the point where the 

coating is dried or cured, or before any subsequent application of a different coating. It is not 

necessary for a coating unit to have an oven or flash-off area.

Cold cleaning machine – is the following:

(a) A device or piece of equipment, containing or using an unheated liquid, which contains 

greater than five percent (5%) VOC or five percent (5%) hazardous air pollutant (HAP) 

by weight, where parts are placed to remove dirt, grease, oil or other contaminants and 

coatings, from the surfaces of the parts or to dry the parts; and

(b) Does not include machines that do not have a solvent/air interface, such as airless and 

air-tight cleaning systems.

Colorant – any concentrated pigment dispersion in water, solvent, or binder that is added to an 

architectural coating after packaging in sale units to produce the desired color or coloring 

material used in a consumer product for an aesthetic effect, or to dramatize an ingredient.

Compliance period – the period of time, not to exceed one (1) year, for which the ACP limit 

and ACP emissions are calculated and for which compliance with the ACP limit is determined, 

as specified in the ACP Agreement approving an ACP. 

Computer diskette jacket manufacturing adhesive – any adhesive intended by the 

manufacturer to glue the fold-over flaps to the body of a vinyl computer diskette jacket.
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Concrete curing compound – a coating labeled and formulated for application to freshly poured 

concrete to retard the evaporation of water.

Concrete surface retarder – a mixture of retarding ingredients such as extender pigments, 

primary pigments, resin, and solvent that interact chemically with the cement to prevent 

hardening on the surface where the retarder is applied, allowing the retarded mix of cement and 

sand at the surface to be washed away to create an exposed aggregate finish.

Conjugated oil varnish – a clear or semi-transparent wood coating, labeled as such, excluding 

lacquers or shellacs, based on a natural occurring conjugated vegetable oil (Tung oil) and 

modified with other natural or synthetic resins; a minimum of fifty percent (50%) of the resin 

solids consisting of conjugated oil. Supplied as a single component product, conjugated oil 

varnishes penetrate and seal the wood. Film formation is due to polymerization of the oil. These 

varnishes may contain small amounts of pigments to control the final gloss or sheen.

Construction, panel, and floor covering adhesive – is the following:

(a) Any one (1) component adhesive that is designed exclusively for the installation, 

remodeling, maintenance, or repair of: 

(1) Structural and building components including but not limited to beams, trusses, 

studs, paneling, drywall or drywall laminates, fiberglass reinforced plastic (FRP), 

plywood, particle board, insulation board, pre-decorated hardboard or tileboard, 

ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, 

cove or wall bases, and flooring or subflooring; or 

(2) Floor or wall coverings including but not limited to wood or simulated wood 

covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring 

material, non-resilient flooring material, mirror tiles and other types of tiles, and 

artificial grass; and

(b) Does not include floor seam sealer. 

Consumer – is the following:

(a) Any person who purchases, or otherwise acquires any consumer product or a new 

portable fuel container or spout for personal, family, household, or institutional use; and

(b) Does not include persons acquiring a consumer product or a portable fuel container or 

spout for resale.

Consumer product – is the following:

(a) A chemically formulated product used by household and institutional consumers, 

including but not limited to: detergents, cleaning compounds, polishes, floor finishes, 
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cosmetics, personal care products, home, lawn, and garden products, disinfectants, 

sanitizers, aerosol paints, and automotive specialty products; 

(b) Does not include other paint products, furniture coatings, or architectural coatings; and

(c) Also refers to aerosol adhesives, including aerosol adhesives used for consumer, 

industrial or commercial uses.

Contact adhesive/contact bond adhesive – is the following:

(a) An adhesive designed for application to two (2) surfaces to be bonded together, is 

allowed to dry before the two (2) surfaces are placed in contact with each other, forms an 

immediate bond that is impossible or difficult to reposition after both adhesive-coated 

surfaces are placed in contact with each other, and does not need sustained pressure or 

clamping of surfaces after the adhesive-coated surfaces have been brought together using 

sufficient momentary pressure to establish full contact between both surfaces; and

(b) Does not include rubber cements that are primarily intended for use on paper substrates.

Contact adhesive also does not include vulcanizing fluids that are designed and labeled 

for “tire repair” only. 

Contact adhesive – general purpose – any contact adhesive that is not a contact adhesive –

special purpose. 

Contact adhesive – special purpose – a contact adhesive that: 

(a) Is used to bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon, 

ultra-high molecular weight polyethylene, rubber, high pressure laminate or wood veneer 

one sixteenth of an inch (1/16 in.) or less in thickness to any porous or non-porous 

surface, and is sold in units of product, less packaging, that contain more than eight (8) 

fluid ounces; or 

(b) Is used in automotive applications that are: 

(1) Automotive under-the-hood applications requiring heat, oil, or gasoline 

resistance; or

(2) Body-side molding, automotive weather-strip, or decorative trim.

Contact person – a representative that has been designated by the responsible ACP party for the 

purpose of reporting or maintaining any information specified in the ACP Agreement approving 

an ACP.

Container/packaging – the part or parts of the consumer or institutional product which serve 

only to contain, enclose, incorporate, deliver, dispense, wrap, or store the chemically formulated 

substance or mixture of substances which is solely responsible for accomplishing the purposes 
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for which the product was designed or intended, including but not limited to, any article onto or 

into which the principal display panel and other accompanying literature or graphics are 

incorporated, etched, printed, or attached.

Control techniques guideline (CTG) – an EPA document designed to assist the states in 

designing reasonably available control technology for major sources of volatile organic 

compounds.

Conventional air spray – a spray coating application method in which the coating is atomized 

by mixing it with compressed air and applied at an air pressure greater than ten pounds (10 lb.) 

per square inch gauge (psig) at the point of atomization. The term does not include: 

(a) Airless and air assisted airless spray technologies; or

(b) Electrostatic spray technology. 

Conversion varnish – a clear acid curing coating with an alkyd or other resin blended with 

amino resins and supplied as a single component or two (2)-component product and it produces a 

hard, durable, clear finish designed for professional application to wood flooring. The film 

formation is the result of an acid-catalyzed condensation reaction, affecting a transetherification 

at the reactive ethers of the amino resins.

Cove base – a flooring trim unit, generally made of vinyl or rubber, having a concave radius on 

one (1) edge and a convex radius on the opposite edge that is used in forming a junction between 

the bottom wall course and the floor, or to form an inside corner.

Cove base installation adhesive – any adhesive intended by the manufacturer to be used for the 

installation of cove base or wall base on a wall or vertical surface at floor level. 

Crawling bug insecticide – is the following:

(a) Any insecticide product that is designed for use against ants, cockroaches, or other 

household crawling arthropods, including but not limited to mites, silverfish, or spiders; 

and

(b) Does not include products designed to be used exclusively on humans or animals, or any 

house dust mite product;

(1) A house dust mite product is a product whose label, packaging, or accompanying 

literature states that the product is suitable for use against house dust mites, and 

does not indicate that the product is suitable for use against ants, cockroaches, or 

other household crawling arthropods; and

(2) A house dust mite is a mite that feeds primarily on skin cells shed in the home by 

humans and pets and which belong to the phylum Arthropoda, the subphylum 
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Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the 

family Pyroglyphidae.

CTG – Control Techniques Guideline.

Curtain coating – the application of a coating to an object by moving the object through a 

falling curtain of coating.

Cyanoacrylate adhesive – any adhesive with a cyanoacrylate content of at least ninety-five 

percent (95%) by weight.

Cylinder-wipe – as applied to printing operations, the method or removing ink from the nonimage areas of the printing plate by using a cylinder(s) or other contrivances. This is 

distinguished from the subsequent step(s) when the ink removed is in turn removed from the 

wiping cylinder(s) by the use of a wiping solution.

Date-code – the day, month, and year on which the consumer product was manufactured, filled, 

or packaged, or a code indicating such a date.

Day – unless otherwise indicated, refers to a calendar day.

Deodorant – is the following:

(a) For products manufactured before January 1, 2012: any product including, but not limited 

to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by 

the manufacturer to be used to minimize odor in the human axilla by retarding the growth 

of bacteria that cause the decomposition of perspiration; or

(b) For products manufactured on or after January 1, 2012: any product including, but not 

limited to, aerosol, roll-ons, sticks, pumps, pads, creams, and squeeze bottles, that 

indicates or depicts on the container or packing, or on any label or sticker affixed thereto, 

that the product can be used on or applied to the human axilla to provide a scent or 

minimize odor. A “deodorant body spray” product that indicates or depicts on the 

container or packaging or on any sticker or label affixed thereto, that it can be used on or 

applied to the human axilla, is a “deodorant”.

Deodorant body spray – is the following:

(a) For products manufactured before January 1, 2006, a personal fragrance product with 

twenty percent (20%) or less fragrance; or

(b) For products manufactured on or after January 1, 2006, a personal fragrance product with 

twenty percent (20%) or less fragrance that is designed for application all over the human 

body to provide a scent. A “deodorant body spray” product that indicates or depicts on 

the container or packaging, or on any sticker or label affixed thereto, that can be used on 

or applied to the human axilla, is a “deodorant”. 
139

Department – the District of Columbia Department of the Environment.

Device – is the following:

(a) Any instrument or contrivance, other than a firearm, which is designed for trapping, 

destroying, repelling, or mitigating any pest or any other form of plant or animal life 

other than humans and other than bacteria, viruses, or other microorganisms on or in 

humans or other living animals; and

(b) Does not include equipment used for the application of pesticides when sold separately.

Dip coating – a method of applying a coating to a surface by submersion into and removal from 

a coating bath.

Disinfectant – is the following:

(a) Any product intended to destroy or irreversibly inactivate infectious or other undesirable 

bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is 

registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 

U.S.C. §§ 136, et seq.);

(b) Does not include products designed solely for use on humans or animals, products 

designed for agricultural use, products designed solely for use in swimming pools, 

therapeutic tubs, or hot tubs; and

(c) Does not include products that, as indicated on the principal display panel or label, are 

primarily designed for use as bathroom and tile cleaners, glass cleaners, general purpose 

cleaners, toilet bowl cleaners, or metal polishes.

Distributor – any person to whom a consumer product or portable fuel container or spout or 

combination portable fuel container and spout is sold or supplied for the purposes of resale or 

distribution in commerce, except that manufacturers, retailers, and consumers are not 

distributors.

District of Columbia gross sales – the estimated total District of Columbia sales of an ACP 

product during a specific compliance period expressed to the nearest pound, based on either of 

the following methods, whichever the responsible ACP party demonstrates to the satisfaction of 

the Department will provide an accurate District of Columbia sales estimate:

(a) Apportionment of national or regional sales of the ACP product to District of Columbia 

sales, determined by multiplying the average national or regional sales of the product by 

the fraction of the national or regional population, respectively, that is represented by 

District of Columbia's current population; or
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(b) Any other documented method that provides an accurate estimate of the total current 

District of Columbia sales of the ACP product.

District of Columbia sales – the net pounds of product, less packaging and container, per year 

in the District of Columbia for either the year immediately preceding the year that the 

registration is due or, if that data is not available, any consecutive twelve (12) month period 

commencing no earlier than two (2) years before the due date of the registration. If direct sales 

data for District of Columbia is not available, sales may be estimated by prorating national or 

regional sales data by population.

Double-phase aerosol air freshener – an aerosol air freshener with the liquid contents in two 

(2) or more distinct phases that requires the product container be shaken before use to mix the 

phases, producing an emulsion.

Dry cleaning fluid – is the following:

(a) Any non-aqueous liquid product designed and labeled exclusively for use on fabrics 

which are labeled “for dry clean only”, including but not limited to clothing, draperies, or 

S-coded fabrics: 

(1) Including, but not limited to, those products used by commercial dry cleaners and 

commercial businesses that clean fabrics such as draperies at the customer’s 

residence or work place; and

(2) S-coded fabric is an upholstery fabric designed to be cleaned only with water-free 

spot cleaning products as specified by the Joint Industry Fabric Standards 

Committee; and

(b) Does not include spot remover or carpet and upholstery cleaner.

Dry fog coating – a coating labeled and formulated only for spray application such that 

overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the 

surface coating activity.

Drywall installation – the installation of gypsum dry wall to studs or solid surfaces using an 

adhesive formulated for that purpose.

Dusting aid – is the following:

(a) A product designed to assist in removing dust and other soils from floors and other 

surfaces without leaving a wax or silicone based coating; and

(b) Does not include “pressurized gas duster”.
141

Dwell – holding parts within the freeboard area of a solvent cleaning machine but above the 

solvent vapor zone. This action is necessary after cleaning to allow solvent to drain from the 

parts or parts baskets back into the solvent cleaning machine.

Dwell time – the period of time between when a parts basket is placed in the vapor zone of a 

batch vapor or in-line vapor cleaning machine and when solvent dripping ceases. This period of 

time is determined by placing a basket of parts in the vapor zone and measuring the amount of 

time between when the parts are placed in the vapor zone and dripping ceases.

Electrical and electronic components – components and assemblies of components that 

generate, convert, transmit, or modify electrical energy, including, but not limited to, wires, 

windings, stators, rotors, magnets, contacts, relays, printed circuit boards, printed wire 

assemblies, wiring boards, integrated circuits, resistors, capacitors, and transistors but does not 

include the cabinets in which electrical and electronic components are housed.

Electrical cleaner – a product labeled to remove heavy soils such as grease, grime, or oil from 

electrical equipment, including, but not limited to, electric motors, armatures, relays, electric 

panels, or generators. Electrical cleaner does not include general purpose cleaner, general 

purpose degreaser, dusting aid, electronic cleaner, energized electronic cleaner, pressurized gas 

duster, engine degreaser, anti-static product, or products designed to clean the casings or 

housings of electrical equipment. 

Electron beam ink – an ink that dries by chemical reaction caused by high energy electrons.

Electronic cleaner – a product labeled for the removal of dirt, moisture, dust, flux, or oxides 

from the internal components of electronic or precision equipment such as circuit boards, and the 

internal components of electronic devices, including, but not limited to, radios, compact disc 

(CD) players, digital video disc (DVD) players, and computers. Electronic cleaner does not 

include general purpose cleaner, general purpose degreaser, dusting aid, electronic cleaner, 

energized electronic cleaner, pressurized gas duster, engine degreaser, anti-static product, or 

products designed to clean the casings or housings of electrical equipment.

Electrostatic application – a method of applying coating particles or coating droplets to a 

grounded surface by electrically charging such particles or droplets.

Energized electrical cleaner – a product that meets the following criteria: 

(a) The product is labeled to clean or degrease electrical equipment, where cleaning or 

degreasing is accomplished when electrical current exists or when there is a residual 

electrical potential from a component, such as a capacitor; and

(b) The product label clearly displays the statements: “Energized Equipment use only. Not to 

be used for motorized vehicle maintenance or their parts”.

Enforceable sales – the total amount of an ACP product sold for use in the District of Columbia 

during the applicable compliance period specified in the ACP Agreement approving an ACP, as 
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determined through enforceable sales records, expressed to the nearest pound, excluding product 

container and packaging.

Enforceable sales record – a written, point-of-sale record or any other District of Columbiaapproved system of documentation from which the mass, in pounds, less product container and 

packaging, of an ACP product sold to the end user in District of Columbia during the applicable 

compliance period can be accurately documented including but not limited to the following types 

of records:

(a) Accurate records of direct retail or other outlet sales to the end user during the applicable 

compliance period;

(b) Accurate compilations, made by independent market surveying services, of direct retail 

or other outlet sales to the end users for the applicable compliance period, provided that a 

detailed method which can be used to verify any data comprising such summaries is 

submitted by the responsible ACP party and approved by the Department; and

(c) Any other accurate product sales records approved by the Department as meeting the 

criteria specified in this section.

Engine degreaser – a cleaning product designed to remove grease, grime, oil, and other 

contaminants from the external surfaces of engines and other mechanical parts.

Exempt compound – a compound identified as exempt under the definition of volatile organic 

compound (VOC). Except as provided in §778.2, the exempt compounds content of a coating 

shall be determined by U.S. EPA Method 24 or South Coast Air Quality Management District 

(SCAQMD) Method 303-91 (Revised February 1993). 

Exempt perfluorocarbon compounds – the following classes of compounds: cyclic, branched, 

or linear, completely fluorinated alkanes; cyclic, branched, or linear, completely fluorinated 

ethers with no unsaturations; cyclic, branched, or linear, completely fluorinated tertiary amines 

with no unsaturations; and sulfur-containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine.

Existing product – any formulation of the same product category and form sold, supplied, 

manufactured, or offered for sale in the District before January 1, 2005, or any subsequently 

introduced identical formulation.

o F – degrees Fahrenheit.

Fabric protectant – is the following:

(a) A product designed to be applied to fabric substrates to protect the surface from soiling 

from dirt and other impurities or to reduce absorption of liquid into the fabric's fibers; and
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(b) Does not include waterproofers, products designed for use solely on leather, or products 

designed for use solely on fabrics that are labeled “for dry clean only” and sold in 

containers of ten (10) fluid ounces or less.

Fabric refresher – a product whose label states the product’s purpose is to neutralize or 

eliminate odors on non-laundered fabric including, but not limited to, soft household surfaces, 

rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, clothing 

or on household furniture or objects upholstered or covered with fabrics such as, but not limited 

to, wool, cotton, or nylon. Fabric refresher does not include anti-static product, carpet and 

upholstery cleaner, soft household surface sanitizers, footwear or leather care product, spot 

remover, or disinfectant, or products labeled for application to both fabric and human skin. For 

the purposes of this definition only, soft household surface sanitizer means a product labeled to 

neutralize and eliminate odors on surfaces listed above whose label is registered as a sanitizer 

under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. §§ 136, et seq.).

Facial cleaner or soap – is the following:

(a) A cleaner or soap designed primarily to clean the face, including but not limited to facial 

cleansing creams, gels, liquids, lotions, and substrate-impregnated forms; and

(b) Does not include prescription drug products, antimicrobial hand or body cleaner or soap, 

astringent/toner, general-use hand or body cleaner or soap, medicated 

astringent/medicated toner, or rubbing alcohol.

Fat wood – is the following:

(a) Pieces of wood kindling with high naturally-occurring levels of sap or resin which 

enhance ignition of the kindling; and

(b) Does not include any kindling with substances added to enhance flammability, such as 

wax-covered or wax-impregnated wood-based products.

Faux finishing coating – a coating labeled and formulated as a stain or a glaze to create artistic 

effects including but not limited to dirt, old age, smoke damage, and simulated marble and wood 

grain.

Federally enforceable – Enforceable under the Federal Clean Air Act (42 U.S.C. §§ 7401, et 

seq.).

Fiberglass – a material consisting of extremely fine glass fibers, including any fiber reinforced 

plastic (FRP) surface that has fiber material set in a binding substance of plastic resins.

Fire-resistive coating – an opaque coating labeled and formulated to protect the structural 

integrity by increasing the fire endurance of interior or exterior steel and other structural 

materials, that has been fire tested and rated by a testing agency and approved by District of 
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Columbia building code officials for use in bringing assemblies of structural materials into 

compliance with federal or District of Columbia building code requirements;

(a) The fire-resistive coating and the testing agency must be approved by District of 

Columbia building code officials; and

(b) The fire-resistive coating shall be tested in accordance with ASTM Designation E 

119-98, incorporated by reference in § 778.5.

Fire-retardant coating – a coating labeled and formulated to retard ignition and flame spread, 

that has been fire tested and rated by a testing agency approved by District of Columbia building 

code officials for use in bringing building and construction materials into compliance with 

federal and District of Columbia building code requirements.

(a) The fire-retardant coating and the testing agency must be approved by District of

Columbia building code officials; and

(b) The fire-retardant coating shall be tested in accordance with ASTM Designation E 84-99, 

incorporated by reference in § 778.5.

First installation date – the first date on which a piece of equipment is in place and prepared to 

operate. The “installation date” does not change if the equipment is moved to a new location at 

the same facility.

Flat coating – a coating that is not defined under any other definition in this rule and that 

registers gloss less than fifteen (15) on an eighty-five (85) degree meter or less than five (5) on a 

sixty (60) degree meter according to ASTM Designation D 523-89 (1999), incorporated by 

reference in § 778.5.

Flea and tick insecticide – is the following:

(a) Any insecticide product that is designed for use against fleas, ticks, their larvae, or their 

eggs; and

(b) Does not include products that are designed to be used exclusively on humans or animals 

and their bedding.

Flexible flooring material – asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl 

composite flooring.

Flexible packaging – any package or part of a package, the shape of which can be readily 

changed, including but not limited to bags, pouches, liners, and wraps utilizing paper, plastic, 

film, aluminum foil, metalized or coated paper or film, or any combination of these materials and 

printing of shrink-wrap labels or wrappers conducted on or in-line with a flexible package 

printing press, printing, coating, and laminating. “Flexible packaging” does not include 
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production of and printing on self-adhesive labels, folding cartons, gift wraps, wall coverings, 

vinyl products, decorative laminates, floor coverings, and tissue products.

Flexible vinyl – non-rigid polyvinyl chloride plastic with at least five percent (5%) by weight 

plasticizer content.

Flexographic package printing – a flexible package printing process where the image is raised 

above the printing plate, and the image carrier is made of rubber or other elastomeric materials.

Flexographic package printing press – an unwind or feed station, which may include more 

than one unwind or feed station (such as on a laminator), a series of individual work stations, one 

(1) or more of which is a flexographic print station, any dryers (including interstage dryers and 

overhead tunnel dryers) associated with the work stations, and a rewind, stack, or collection 

section. The work stations may be oriented vertically, horizontally, or around the circumference 

of a single large impression cylinder. Inboard and outboard work stations, including those 

employing any other technology, such as rotogravure, are included if they are capable of printing 

or coating on the same substrate.

Floor coating – an opaque coating that is labeled and designed for application to flooring, 

including, but not limited to, decks, porches, steps, and other horizontal surfaces, which may be 

subjected to foot traffic.

Floor polish or wax – is the following:

(a) A wax, polish, or any other product designed to polish, protect, or enhance floor surfaces 

by leaving a protective coating that is designed to be periodically replenished; and

(b) Does not include spray buff products, products designed solely for the purpose of 

cleaning floors, floor finish strippers, products designed for unfinished wood floors, and 

coatings subject to architectural coatings in §§ 773 through 778.

Floor seam sealer – any product designed and labeled exclusively for bonding, fusing, or 

sealing seams between adjoining rolls of installed flexible sheet flooring.

Floor wax stripper – is the following:

(a) A product designed to remove natural or synthetic floor polishes or waxes through 

breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or 

wax; and

(b) Does not include aerosol floor wax strippers or products designed to remove floor wax 

solely through abrasion.

Flow coating – is the following:
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(a) For the purposes of §§ 743 through 750, a non-atomized technique of applying coating to 

a substrate using a fluid nozzle in a fan pattern with no air supplied to the nozzle, where 

the application completely covers the surface; or

(b) For the purposes of §§ 773 through 778, a coating labeled and formulated exclusively for 

use by electric power companies or their subcontractors to maintain the protective coating 

systems present on utility transformer units.

Flying bug insecticide – is the following:

(a) Any insecticide product that is designed for use against flying insects or other flying 

arthropods including but not limited to flies, mosquitoes, moths, or gnats; and

(b) Does not include “wasp and hornet insecticide,” products that are designed to be used 

exclusively on humans or animals, or any moth-proofing product (moth-proofing product 

means a product whose label, packaging, or accompanying literature indicates that the 

product is designed to protect fabrics from damage by moths, but does not indicate that 

the product is suitable for use against flying insects or other flying arthropods).

Footwear and leather care product – is the following:

(a) Any product designed or labeled to be applied to footwear or to other leather 

articles/components, to maintain, enhance, clean, protect, or modify the appearance, 

durability, fit, or flexibility of the footwear or leather article/component;

(b) Includes both leather and non-leather foot apparel; and

(c) Does not include fabric protectant, general purpose adhesive, contact adhesive, 

vinyl/fabric/leather/polycarbonate coating, rubber and vinyl protectant, fabric refresher, 

products solely for deodorizing, or sealant products with adhesive properties used to 

create external protective layers greater than two millimeters (2 mm.) thick.

Form-release compound – a coating labeled and formulated for application to a concrete form 

to prevent the freshly poured concrete from bonding to the form. The form may consist of wood, 

metal, or some material other than concrete.

Fountain solution – with respect to offset lithographic printing, a water-based solution that 

contains small amounts of gum Arabic or synthetic resins, acids, buffer salts and a wetting agent 

or dampening aid (such as alcohol and alcohol substitutes) applied to the lithographic plate to 

prevent the non-image areas from receiving ink.

Fountain solution reservoir – the collection tank that accepts fountain solution recirculated 

from printing unit(s). In some cases, the tanks are equipped with cooling coils for refrigeration of 

the fountain solution.
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Fragrance – a substance or complex mixture of aroma chemicals, natural essential oils, and 

other functional components, with a combined vapor pressure not in excess of two millimeters of 

mercury (2 mm. Hg) at twenty degrees Celsius (20oC) or sixty-eight degrees Fahrenheit (68° F), 

the sole purpose of which is to impart an odor or scent, or to counteract a malodor. 

Freeboard ratio – is the following:

(a) For a cold cleaning machine, the distance from the liquid solvent to the top edge of the 

cold cleaning machine divided by the width of the cold cleaning machine; and 

(b) For an operating batch vapor cleaning machine or an in-line vapor cleaning machine, the 

distance from the top of the solvent vapor layer to the top edge of the vapor cleaning 

machine divided by the width of the vapor cleaning machine.

Freeboard refrigeration device – a set of secondary coils mounted in the freeboard area of a 

solvent cleaning machine that carries a refrigerant or other chilled substance to provide a chilled 

air blanket above the solvent vapor. A solvent cleaning machine’s primary condenser that is 

capable of maintaining a temperature in the center of the chilled air blanket at not more than 

thirty percent (30%) of the solvent boiling point and is both a primary condenser and a freeboard 

refrigeration device.

Fuel – all fuels subject to any provision of 20 DCMR chapter 9 or Title 13, California Code of 

Regulations, Chapter 5, Standards for Motor Vehicle Fuels, §§ 2250 through 2298, except for § 

2292.5, 2292.6, and 2292.7.

Furniture coating – any paint designed for application to room furnishings including but not 

limited to cabinets, kitchen, bath and vanity, tables, chairs, beds, and sofas.

Furniture maintenance product – is the following:

(a) A wax, polish, conditioner, or any other product designed for the purpose of polishing, 

protecting, or enhancing finished wood surfaces other than floors; and

(b) Does not include dusting aids, wood cleaners, and products designed solely for the 

purpose of cleaning, and products designed to leave a permanent finish including but not 

limited to stains, sanding sealers, and lacquers.

Gel – a colloid in which the disperse phase has combined with the continuous phase to produce a 

semisolid material, including but not limited to jelly.

General purpose adhesive – is any non-aerosol adhesive designed for use on a variety of 

substrates, except for:

(a) Contact adhesives;

(b) Construction, panel, floor covering adhesives;
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(c) Adhesives designed exclusively for application on one (1) specific category of 

substrates, including but not limited to substrates that are composed of similar materials, 

including but not limited to different types of metals, paper products, ceramics, plastics, 

rubbers, or vinyls; or 

(d) Adhesives designed exclusively for use on one (1) specific category of articles, 

including but not limited to articles that may be composed of different materials but 

perform a specific function, including but not limited to gaskets, automotive trim, 

weather-stripping, or carpets.

General purpose cleaner – is the following:

(a) A product designed for general all-purpose cleaning, in contrast to cleaning products 

designed to clean specific substrates in certain situations, including but not limited to 

products designed for general floor cleaning, kitchen or countertop cleaning, and cleaners 

designed to be used on a variety of hard surfaces; and

(b) Does not include general purpose degreasers and electronic cleaners.

General purpose degreaser – is the following;

(a) Any product labeled to remove or dissolve grease, grime, oil and other oil-based 

contaminants from a variety of substrates, including automotive or miscellaneous 

metallic parts; and

(b) Does not include engine degreaser, general purpose cleaner, adhesive remover, electronic 

cleaner, electrical cleaner, energized electrical cleaner, metal polish/cleanser, products 

used exclusively in solvent cleaning tanks or related equipment, or products that are sold 

exclusively to establishments which manufacture or construct goods or commodities, and 

are labeled “not for retail sale”. 

General-use hand or body cleaner or soap – is the following:

(a) A cleaner or soap designed to be used routinely on the skin to clean or remove typical or 

common dirt and soils, including but not limited to hand or body washes, dual-purpose 

shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps; and

(b) Does not include prescription drug products, antimicrobial hand or body cleaner or soap, 

astringent/toner, facial cleaner or soap, hand dishwashing detergent including but not 

limited to antimicrobial, heavy-duty hand cleaner or soap, medicated 

astringent/medicated toner, or rubbing alcohol.

Glass cleaner – is the following:

(a) A cleaning product designed primarily for cleaning surfaces made of glass; and
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(b) Does not include products designed solely for the purpose of cleaning optical materials 

used in eyeglasses, photographic equipment, scientific equipment and photocopying 

machines.

Graffiti remover – a product whose label states the product’s purpose is to remove spray paint, 

ink, marker, crayon, lipstick, nail polish, or shoe polish, from a variety of non-cloth or non-fabric 

substrates. Graffiti remover does not include paint remover or stripper, nail polish remover, or 

spot remover. Products labeled for dual use as both a paint stripper and graffiti remover are 

considered graffiti removers.

Graphic arts coating or sign paint – a coating labeled and formulated for hand-application by 

artists using brush or roller techniques to indoor and outdoor signs excluding structural 

components and murals including letter enamels, poster colors, copy blockers, and bulletin 

enamels.

Gravure – any process for producing prints from a plate where the image is etched or sunk below 

the surface of the plate where:

(a) The depression is usually a series of dots or wells;

(b) The depression is shallower in depth than the depression intaglio;

(c) The ink applied to the plate is fluid under room temperature; and

(d) The ink is absorbed by the paper (or other substrate) out of the wells or depressions.

Hair mousse – a hair styling foam designed to facilitate styling of a coiffure and provide limited 

holding power.

Hair shine – is the following:

(a) Any product designed for the primary purpose of creating a shine when applied to the 

hair, including but not limited to dual-use products designed primarily to impart a sheen 

to the hair; and

(b) Does not include hair spray, hair mousse, hair styling product, hair styling gel, or 

products whose primary purpose is to condition or hold the hair.

Hairspray – is the following:

(a) For products manufactured before January 1, 2012, a consumer product designed 

primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure 

which will impart sufficient rigidity to the coiffure to establish or retain the style for a 

period of time; and
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(b) For products manufactured on or after January 1, 2012, a consumer product that is 

applied to styled hair, and is designed or labeled to provide sufficient rigidity, to hold, 

retain or finish the style of the hair for a period of time, which: 

(1) Includes aerosol hair sprays, pump hair sprays, spray waxes, color, glitter, or 

sparkle hair sprays that make finishing claims, and products that are both a styling 

and finishing product;

(2) Does not include spray products that are intended to aid in styling but does not 

provide finishing of a hairstyle; and

(3) For the purposes of this definition, “finish” or “finishing” means the maintaining 

or holding of previously styled hair for a period of time, and “styling” means the 

forming, sculpting, or manipulating hair to temporarily alter the hair’s shape.

Hair styling gel – a consumer product manufactured before January 1, 2012, that is a high 

viscosity, often gelatinous, product that contains a resin and is designed for the application to 

hair to aid in styling and sculpting of the hair coiffure.

Hair styling product – a consumer product manufactured on or after January 1, 2012, that is 

designed or whose label states the product’s purpose is to aid in defining, shaping, lifting, 

styling, or sculpting of the hair:

(a) Including, but not limited to, hair balm, clay, cream, crème, curl straightener, gel, liquid, 

lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair 

straightener, wax, spray products that aid in styling but do not provide finishing of a 

hairstyle, and leave-in volumizers, detanglers, or conditioners that make styling claims;

(b) Excluding hair mousse, hair shine, hair spray, or shampoos or conditioners that are rinsed 

from the hair before styling; and

(c) For the purposes of this definition, “finish” or “finishing” means the maintaining or 

holding of previously styled hair for a period of time, and “styling” means the forming, 

sculpting, or manipulating hair to temporarily alter the hair’s shape.

Hand application methods – the application of adhesive or sealant by manually held 

equipment. Such equipment includes paint brush, hand roller, trowel, spatula, dauber, rag, 

sponges, and mechanically- or pneumatic-driven syringes without atomization of the materials.

Heatset – a lithographic printing process where the inks and other materials applied to the 

substrate are dried, set, cured, or otherwise treated by the action of heat in a heatset dryer, 

excluding treatment by the use of ultraviolet light;

Heatset dryer – a hot air dryer used in heatset lithography to heat the printed substrate and to 

promote the evaporation of ink solvents or oils.
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Heavy-duty hand cleaner or soap – is the following: 

(a) A product designed to clean or remove difficult dirt and soils such as oil, grease, grime, 

tar, shellac, putty, printer’s ink, paint, graphite, cement, carbon, asphalt, or adhesives 

from the hand with or without the use of water; and

(b) Does not include prescription drug products, antimicrobial hand or body cleaner or soap, 

astringent/toner, facial cleaner or soap, general-use hand or body cleaner or soap, 

medicated astringent/medicated toner, or rubbing alcohol.

Herbicide – a pesticide product designed to kill or retard a plant’s growth, but excludes products 

that are for agricultural use or restricted materials that require a permit for use and possession.

High precision optic – an optical element used in an electro-optical device to sense, detect, or 

transmit light energy, including specific wavelengths of light energy and changes in light energy 

levels.

High-temperature coating – a high performance coating whose label states as the product’s 

purpose and is formulated for application to substrates exposed continuously or intermittently to 

temperatures above two hundred and four degrees Celsius (204° C) or four hundred degrees 

Fahrenheit (400° F).

High volatility organic compound (HVOC) – any volatile organic compound that exerts a 

vapor pressure greater than eighty millimeters of mercury (80 mm. Hg) when measured at twenty 

degrees Celsius (20oC) or sixty-eight degrees Fahrenheit (68o F).

High-volume low-pressure (HVLP) spray – a spray coating method wherein the coating is 

applied using a high-volume, low-pressure spray coating application system (spray gun) which is 

designed to operate between one tenth pounds (0.1 lb.) and ten pounds (10.0 lb.) per square inch 

gauge (psig) air pressure, measured dynamically at the center of the air cap and at the air horns. 

High volume-low pressure spray – the application of a coating with a gun which operates 

between one tenth pounds (0.1 lb.) and ten pounds (10.0 lb.) per square inch guage (psig) air 

pressure. 

Household product – any consumer product that is primarily designed to be used inside or 

outside of living quarters or residences that are occupied or intended for occupation by 

individuals, including the immediate surroundings.

Immersion cold cleaning machine – a cold cleaning machine in which the parts are immersed 

in the solvent when being cleaned.

Impacted immersion coating – a high performance maintenance coating formulated and 

recommended for application to steel structures subject to immersion in turbulent, debris-laden 

water. These coatings are specifically resistant to high-energy impact damage caused by floating 

ice or debris.
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Indoor floor covering installation adhesive – any adhesive intended by the manufacturer for 

use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl-backed carpet, 

resilient sheet and roll, or artificial grass. Adhesives used to install ceramic tile and perimeter 

bonded sheet flooring with vinyl backing onto a non-porous substrate, such as flexible vinyl, are 

excluded from this category.

Industrial cleaning solvent – any liquid containing a volatile organic compound or combination 

of volatile organic compounds, which is used as a cleaning agent in a solvent cleaning operation.

Industrial maintenance coating – a high performance architectural coating, including primers, 

sealers, undercoaters, intermediate coats, and topcoats, formulated for application to substrates 

exposed to one or more of the following extreme environmental conditions listed as follows and 

labeled as set forth in § 776:

(a) Immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous 

solutions), or chronic exposures of interior surfaces to moisture condensation;

(b) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, 

chemical fumes, or chemical mixtures or solutions;

(c) Repeated exposure to temperatures above one hundred twenty-one degrees Celsius (121°

C) or two hundred fifty degrees Fahrenheit (250° F);

(d) Repeated heavy abrasion, including mechanical wear and repeated scrubbing with 

industrial solvents, cleansers, or scouring agents; or

(e) Exterior exposure of metal structures and structural components.

Inking cylinder – the contrivance, usually a cylinder, which applies the ink to the printing plate.

In-line vapor cleaning machine – a vapor cleaning machine that uses an automated parts 

handling system, typically a conveyor, to automatically provide a supply of parts to be cleaned.

In-line vapor cleaning machines are fully enclosed except for the conveyor inlet and exit portals.

Insecticide – is the following:

(a) A pesticide product that is designed for use against insects or other arthropods; and

(b) Excludes products that are for agricultural use, for a use that requires a structural pest 

control license under applicable District of Columbia laws or regulations, or restricted 

materials that require a permit for use and possession.

Insecticide fogger – any insecticide product designed to release all or most of its content, as a 

fog or mist, into indoor areas during a single application.
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Institutional product or industrial and institutional (I & I) product – is the following:

(a) A consumer product that is designed for use in the maintenance or operation of an 

establishment that manufactures, transports, or sells goods or commodities; provides 

services for profit; or is engaged in the nonprofit promotion of a particular public, 

educational, or charitable cause, including but not limited to, government agencies, 

factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile

service and parts centers, health clubs, theaters, or transportation companies; and

(b) Excludes household products and products that are incorporated into or used exclusively 

in the manufacture or construction of the goods or commodities at the site of the 

establishment.

Intaglio – the method of printing from plates in which the image is etched or sunk below the 

surface of the plate and where:

(a) The depression is usually a line or area;

(b) The depression is deeper than the depression of the gravure dots;

(c) The ink used is viscous under room temperature; and

(d) The ink is transferred to the paper (or other substrate) at least partly by pressure.

Janitorial cleaning – the cleaning of building or facility components, including but not limited 

to, floors, ceilings, walls, windows, doors, stairs, bathrooms, furnishings, and exterior surfaces of 

office equipment, and excluding the cleaning of work areas where manufacturing or repair 

activity is performed.

Janitorial products – products used for the janitorial cleaning of building or facility components 

including, but limited to, floors, ceilings, walls, windows, doors, stairs, and bathrooms.

Kerosene – any light petroleum distillate that is commonly or commercially known, sold, or 

represented as kerosene that is used in space heating, cook stoves, and water heaters, and is 

suitable for use as a light source when burned in wick-fed lamps. 

Label – any written, printed, or graphic matter affixed to, applied to, attached to, blown into, 

formed, molded into, embossed on, or appearing upon any consumer product or consumer 

product package, for purposes of branding, identifying, or giving information with respect to the 

product or to the contents of the package.

Lacquer – a clear or opaque wood coating, including clear lacquer sanding sealers, formulated 

with cellulosic or synthetic resins to dry by evaporation without chemical reaction and to provide 

a solid, protective film.

Laminate – a product made by bonding together two (2) or more layers of material.
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Large appliance coatings – A product that includes paints, sealants, caulks, inks, adhesives, and 

maskants, except for the use of quick-drying lacquers for repair of scratches and nicks that occur 

during assembly, provided that the volume of coating does not exceed ninety-five one 

hundredths of a liter (0.95 L) or twenty-five hundredth gallons (0.25 gal.) in any one eight-hour 

period.

Large appliance part – Any organic surface-coated metal lid, door, casing, panel, or other 

interior or exterior metal part or accessory that is assembled to form a large appliance product. 

Large appliance product – Any organic surface-coated metal range, oven, microwave oven, 

refrigerator, freezer, washer, dryer, dishwasher, water heater, or trash compactor manufactured 

for household, commercial, or recreational use.

Laundry prewash – a product that is designed for application to a fabric before laundering and 

that supplements and contributes to the effectiveness of laundry detergents or provides 

specialized performance.

Laundry starch product – a product that is designed for application to a fabric, either during or 

after laundering, to impart and prolong a crisp, fresh look and may also act to help ease ironing 

of the fabric including but not limited to fabric finish, sizing, and starch.

Lawn and garden insecticide – an insecticide product whose label states the product’s purpose 

is primarily to be used in household lawn and garden areas to protect plants from insects or other 

arthropods. Notwithstanding the requirements of § 732.11 and 732.12, aerosol lawn and garden 

insecticide may claim to kill insects or other arthropods.

Letterpress – any method of printing from type, plates, or other characters cast or engraved in 

relief upon metal, wood, or other material in which the ink is applied directly to the paper (or 

other substrate) from the printing plate, and the impression is made by pressing the inked plate to 

the substrate.

Letterset – an indirect letterpress process in which the ink is transferred from a relief plate to a 

blanket and then from the blanket to the paper (or other substrate).

Liquid – is the following:

(a) A substance or mixture of substances that is capable of a visually detectable flow as 

determined under ASTM D-4359-90(2000)e1, including any subsequent amendments; 

and 

(b) Does not include powders or other materials that are composed entirely of solid particles.

Lithography – a planographic printing process where the image and non-image areas are 

chemically differentiated, the image area is oil receptive, and the non-image area is water 
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receptive. This method differs from other printing methods, where the image is typically printed 

from a raised or recessed surface.

Low-solids coating, adhesive, sealant, or primer – a coating containing twelve one hundredths

of a kilogram (0.12 kg.) or less of solids per liter (one pound (1 lb.) or less of solids per gallon) 

of material.

Lubricant – is the following:

(a) A product designed to reduce friction, heat, noise, or wear between moving parts, or to 

loosen rusted or immovable parts or mechanisms; and

(b) Does not include automotive power steering fluids, products for use inside power 

generating motors, engines, and turbines, and their associated power-transfer gearboxes, 

two (2) cycle oils or other products designed to be added to fuels, products for use on the 

human body or animals, products that are sold exclusively to establishments that 

manufacture or construct goods or commodities, and products labeled not for retail sale.

LVP content – the total weight, in pounds, of LVP compounds in an ACP product multiplied by 

one hundred (100) and divided by the product's total net weight, in pounds, excluding container 

and packaging, expressed to the nearest tenth (0.1). 

LVP-VOC – is the following:

(a) A chemical compound or mixture that contains at least one (1) carbon atom and meets 

one of the following:

(1) Has a vapor pressure less than one tenth millimeters of mercury (0.1 mm Hg) at 

twenty degrees Celsius (20oC) or sixty-eight degrees Fahrenheit (68° F), as 

determined by CARB Method 310; 

(2) Is a chemical compound with more than twelve (12) carbon atoms, or a chemical 

“mixture” comprised solely of “compounds” with more than twelve (12) carbon 

atoms as verified by formulation data, and the vapor pressure and boiling points 

are unknown; 

(3) Is a chemical compound with a boiling point greater than two hundred and sixteen 

degrees Celsius (216oC) or sixty-eight degrees Fahrenheit (68° F), as determined 

by CARB Method 310; or

(4) Is the weight percent of a chemical mixture that boils above two hundred and 

sixteen degrees Celsius (216o C) or sixty-eight degrees Fahrenheit (68° F), as 

determined by CARB Method 310; 

(b) Chemical compound means a molecule of definite chemical formula and isomeric 

structure, and 
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(c) Chemical mixture means a substrate comprised of two (2) or more chemical compounds.

Magnesite cement coating – a coating whose label states as the product’s purpose and is 

formulated for application to magnesite cement decking to protect the magnesite cement 

substrate from erosion by water.

Magnet wire – Wire used in electromagnetic field application in electrical machinery and 

equipment such as transformers, motors, generators, and magnetic tape recorders.

Manufacturer – any person who imports, manufactures, assembles, produces, packages, 

repackages, or re-labels a consumer product or portable fuel container or spout or combination 

portable fuel container and spout.

Marine deck sealant or marine deck sealant primer – any sealant or sealant primer whose 

label states the product’s purpose is for application to wooden marine decks.

Maskant – Decorative, protective, or functional materials that consist only of protective oils for 

metal, acids, bases, or any combination of these substances that are not considered metal 

furniture coatings.

Mastic texture coating – a coating whose label states the product’s purpose and is formulated to 

cover holes and minor cracks and to conceal surface irregularities, and is applied in a single coat 

of at least ten one-thousandth of an inch (0.010 in.) dry film thickness.

Medical equipment manufacturing – the manufacture of medical devices, such as, but not 

limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy tubes, blood 

oxygenators, and cardiatory reservoirs. 

Medicated astringent/medicated toner – is the following:

(a) Any product regulated as a drug by the FDA that is applied to the skin for the purpose of 

cleaning or tightening pores including but not limited to clarifiers and substrateimpregnated products; and

(b) Does not include hand, face, body cleaner or soap products, astringent/toner, cold cream, 

lotion, antiperspirants, or products that must be purchased with a doctor’s prescription.

Medium volatility organic compound (MVOC) – any volatile organic compound that exerts a 

vapor pressure greater than two millimeters of mercury (2 mm. Hg) and less than or equal to 

eighty millimeters of mercury (80 mm. Hg) when measured at twenty degrees Celsius (20oC) or 

sixty-eight degrees Fahrenheit (68° F).

Metal furniture coatings – includes paints, sealants, caulks, inks, adhesives, and maskants that are 

applied to metal furniture substrates, such as:
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(a) Paints and adhesives that are typically applied without a primer;

(b) Higher solids and powder coatings; and

(c) Coatings that provide a covering finish, or functional or protective layer, and can also 

provide a decorative finish to metal furniture.

Metal furniture substrate – the furniture or components of furniture, constructed either entirely 

or partially from metal.

Metallic pigmented coating – a coating containing at least forty-eight grams (48 g.) of 

elemental metallic pigment per liter of coating as applied (four tenths of a pound (0.4 lb.) per 

gallon), when tested in accordance with SCAQMD Method 318-95. 

Metal polish/cleanser – is the following:

(a) Any product designed primarily to improve the appearance of finished metal, metallic, or 

metallized surfaces by physical or chemical action; 

(1) Including, but not limited to, metal polishes used on brass, silver, chrome, copper, 

stainless steel, and other ornamental metals; and 

(2) “To improve the appearance” means to remove or reduce stains, impurities, or 

oxidation from surfaces or to make surfaces smooth and shiny; and

(b) Excluding automotive wax, polish, sealant or glaze, wheel cleaner, paint remover or 

stripper, products designed and whose label states the product’s purpose is exclusively 

for automotive and marine detailing, or products designed for use in degreasing tanks.

Metal to urethane/rubber molding or casting adhesive – any adhesive intended by the 

manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials, 

in heater molding or casting processes, to fabricate products such as rollers for computer printers 

or other paper handling equipment. 

Miscellaneous metal product and plastic parts surface coatings – coatings that are applied to 

the surfaces of a range of metal and plastic parts and products, which are constructed either 

entirely or partially from metal or plastic, to protect metal parts from corrosion by providing 

resistance to moisture, heat, and sometimes the outdoor elements; or to provide color, texture, or 

protection of plastic parts, thus improving appearance and durability, or to attenuate 

electromagnetic interference or radio frequency interference signals, and to conceal mold lines 

and flaws in the substrate surface.

Miscellaneous metal products facility – a facility that manufactures and repairs fabricated metal, 

machinery, computer and electronic equipment, transportation equipment, and rail transportation 

equipment, and typically uses coating technologies such as higher solids, waterborne, and 

powder coatings, as well as conventional solvent-borne coatings.
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Missing data days – the number of days in a compliance period for which the responsible ACP 

party has failed to provide the required enforceable sales or VOC content data to the Department, 

as specified in the ACP Agreement approving an ACP.

Mist spray adhesive – any aerosol that is not a special purpose spray adhesive and that delivers 

a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally 

uniform and smooth application of adhesive to the substrate.

Mobile equipment – equipment which may be driven or is capable of being driven on a 

roadway, including but not limited to: automobiles, trucks, truck cabs, truck bodies, truck 

trailers, buses, motorcycles, utility bodies, camper shells, mobile cranes, bulldozers, street 

cleaners, golf carts, ground support vehicles used in support of aircraft activities at airports, and 

farm equipment.

Motor vehicle adhesive – an adhesive, including glass bonding adhesive, used at a facility that 

is not an automobile or light-duty truck assembly coating facility, applied for the purpose of 

bonding two (2) vehicle surfaces together without regard to the substrates involved.

Motor vehicle glass bonding primer – a primer, used at a facility that is not an automobile or 

light-duty truck assembly coating facility, applied to windshield or other glass, or to body 

openings, to prepare the glass or body opening for the application of glass bonding adhesives or 

the installation of adhesive bonded glass. Motor vehicle glass bonding primer includes glass 

bonding and cleaning primers that perform both functions (cleaning and priming of the 

windshield or other glass, or body openings) before the application of adhesive or the installation 

of adhesive bonded glass.

Motor vehicle weatherstrip adhesive – an adhesive, used at a facility that is not an automobile 

or light-duty truck assembly coating facility, applied to weatherstripping materials for bonding 

the weatherstrip material to the surface of the vehicle.

Multi-color coating – a coating that is packaged in a single container and that exhibits more 

than one (1) color when applied in a single coat.

Multi-purpose construction adhesive – any adhesive intended by the manufacturer for use in 

installation or repair of various construction materials, including but not limited to, drywall, 

subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile, and acoustical cement.

Multi-purpose dry lubricant – any lubricant which is designed and whose label states the 

product’s purpose is to provide lubrication by depositing a thin film of graphite, molybdenum 

disulfide (moly), or polytetrafluoroethylene or closely related fluoropolymer (teflon) on surfaces, 

and designed for general purpose lubrication, or for use in a wide variety of applications.

Multi-purpose lubricant – any lubricant designed for general purpose lubrication, or for use in 

a wide variety of applications. This term does not include multi-purpose dry lubricants, 

penetrants, or silicone-based multi-purpose lubricants.
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Multi-purpose solvent – is any organic liquid designed to be used for a variety of purposes, 

including cleaning or degreasing of a variety of substrates, or thinning, dispersing or dissolving 

other organic materials:

(a) Including solvents used in institutional facilities, except for laboratory reagents used in 

analytical, educational, research, scientific, or other laboratories; and 

(b) Excluding solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or 

film cleaning machines, or solvents that are incorporated into, or used exclusively in the 

manufacture or construction of, the goods or commodities at the site of the establishment.

Nail polish – any clear or colored coating designed for application to the fingernails or toenails 

and including but not limited to, lacquers, enamels, acrylics, base coats, and top coats.

Nail polish remover – a product designed to remove nail polish and coatings from fingernails or 

toenails.

Nominal capacity – the volume indicated by the manufacturer that represents the maximum 

recommended filling level.

Non-aerosol product – any consumer product that is not dispensed by a pressurized spray 

system.

Non-carbon containing compound – any compound that does not contain any carbon atoms.

Non-flat coating – a coating that is not defined under any other definition in this rule and that 

registers a gloss of fifteen (15) or greater on an eighty-five (85) degree meter and five (5) or 

greater on a sixty (60) degree meter according to ASTM Designation D 523-89 (1999), 

incorporated by reference in § 778.5.

Non-flat high gloss coating – a non-flat coating that registers a gloss of seventy (70) or above 

on a sixty (60) degree meter according to ASTM Designation D 523-89 (1999), incorporated by 

reference in § 778.5.

Non-heatset – as applied to offset lithography or letterpress printing operations subject to the 

requirements of § 716, any operation where the printing inks are set without the use of heat. For 

the purposes of § 716, infrared heater or printing conducted using ultraviolet-cured or electron 

beam-cured inks are considered non-heatset. 

Non-industrial use – any use of architectural coatings, except in the construction or 

maintenance of any of the following: 

(a) Facilities used in the manufacturing of goods and commodities; 

(b) Transportation infrastructure, including highways, bridges, airports, and railroads; 
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(c) Facilities used in mining activities, including petroleum extraction; and 

(d) Utilities infrastructure, including power generation and distribution, and water treatment 

and distribution systems.

Non-membrane roof installation/repair adhesive – any adhesive intended by the manufacturer 

for use in the installation or repair of non-membrane roofs and that is not intended for use in the 

installation of prefabricated single-ply flexible roofing membrane. This category includes plastic 

or asphalt roof cement, asphalt roof coatings, and cold application cement. 

Non-membrane roof installation/repair solvent – any solvent intended by the manufacturer for 

use in the installation or repair of non-membrane roofs and that is not intended for use in the 

installation of prefabricated single-ply flexible roofing membrane.

Non-resilient flooring – flooring of a mineral content that is not flexible, including but not 

limited to terrazzo, marble, slate, granite, brick, stone, ceramic tile, and concrete.

Non-selective terrestrial herbicide – a terrestrial herbicide product that is toxic to plants 

without regard to species.

Nuclear coating – a protective coating formulated and recommended to seal porous surfaces 

such as steel or concrete that otherwise would be subject to intrusion by radioactive materials; 

(a) These coatings must be resistant to long-term (service life) cumulative radiation exposure 

in accordance with ASTM Method D 4082-89, Standard Test Method for Effects of 

Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants; and 

(b) Relatively easy to decontaminate, and resistant to various chemicals to which the 

coatings are likely to be exposed in accordance with ASTM Method D 3912-80 

(Reapproved 1989), Standard Test Method for Chemical Resistance of Coatings Used in 

Light-Water Nuclear Power Plants.

Off-line cleaning – the cleaning of inks, coatings, and adhesives from press parts that have been 

removed from the press for cleaning.

Offset printing process – a printing process that transfers the ink film from the lithographic 

plate to an intermediary (a blanket, made of rubber or other material) which, in turn, transfers the 

ink film to the substrate.

One-product business – a responsible ACP party that sells, supplies, offers for sale, or 

manufactures for use in District of Columbia:

(a) Only one (1) distinct ACP product, sold under one (1) product brand name, that is subject 

to the requirements of § 720; or
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(b) Only one (1) distinct ACP product line subject to the requirements of §720, in which all 

the ACP products belong to the same product category or categories and the VOC 

contents in the products are within ninety-eight percent (98%) and one hundred two 

percent (102%) of the arithmetic mean of the VOC contents over the entire product line.

Outboard engine – a spark-ignition marine engine that, when properly mounted on a marine 

watercraft in the position to operate, houses the engine and drive unit external to the hull of the 

marine watercraft.

Outdoor floor covering installation adhesive – any adhesive intended by the manufacturer for 

use in the installation of floor covering that is not in an enclosure and that is exposed to ambient 

weather conditions during normal use. 

Oven cleaner – any cleaning product designed to clean and to remove dried food deposits from 

oven walls.

Paint – any pigmented liquid, liquefiable, or mastic composition, including several categories of 

primers, topcoats, and specialty coatings, typically defined by the coating’s function, which is 

designed for application to a substrate in a thin layer which is converted to an opaque solid film 

after application and is used for protection, decoration, or identification, or to serve some 

functional purpose including but not limited to the filling or concealing of surface irregularities 

or the modification of light and heat radiation characteristics.

Paint remover or stripper – is the following:

(a) Any product designed to strip or remove paints or other related coatings, by chemical 

action, from a substrate without markedly affecting the substrate; and

(b) Excludes multi-purpose solvents, paint brush cleaners, products designed and whose label 

states the product’s purpose is exclusively as “graffiti removers”, and hand cleaner 

products that claim to remove paints and other related coatings from skin.

Panel installation – the installation of plywood, pre-decorated hardboard (or tileboard), 

fiberglass reinforced plastic, and similar pre-decorated or non-decorated panels to studs or solid 

surfaces using an adhesive formulated for that purpose. 

Paper-wipe – the method of removing ink from the non-image areas of the printing plate by 

using paper.

Penetrant – is the following:

(a) A lubricant designed and whose label states the product’s purpose is primarily to loosen 

metal parts that have bonded together due to rusting, oxidation, or other causes; and

(b) Excludes multi-purpose lubricants that claim to have penetrating qualities, but are not 

whose label states the product’s purpose is primarily to loosen bonded parts.
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Percent VOC by weight – the ratio of the weight of the VOC to the weight of the material, 

expressed as a percentage of VOC by weight. The percent VOC by weight can be calculated as 

follows: 

where: Wv = Weight of VOCs in grams; and 

W = Weight of material in grams. 

Perimeter bonded sheet flooring installation – the installation of sheet flooring with vinyl 

backing onto a nonporous substrate using an adhesive designed to be applied only to a strip of up 

to four inches (4 in.) wide around the perimeter of the sheet flooring. 

Permeation – means the process by which individual fuel molecules may penetrate the walls and 

various assembly components of a portable fuel container directly to the outside ambient air.

Personal fragrance product – is the following:

(a) Any product which is applied to the human body or clothing for the primary purpose of 

adding a scent or masking a malodor, including cologne, perfume, aftershave, and toilet 

water; and

(b) Does not include deodorant; medicated products designed primarily to alleviate fungal or 

bacterial growth on feet or other areas of the body; mouthwashes, breath fresheners, and 

deodorizers; lotions, moisturizers, powders, or other skin care products used primarily to 

alleviate skin conditions such as dryness or irritations; products designed exclusively for 

use on human genitalia and; fragrance products designed to be used exclusively on nonhuman animals.

Pesticide – is the following:

(a) Any substance or mixture of substances whose label states as the product’s purpose, or is 

designed or intended for use in preventing, destroying, repelling or mitigating any pest, or 

any substance or mixture of substances whose label states as the product’s purpose, or is 

designed or intended for use as a defoliant, desiccant, or plant regulator; and 

(b) Does not include any substance, mixture of substances, or device that the United States 

Environmental Protection Agency does not consider to be a pesticide.

Pharmaceutical products – a preparation or compound, which includes any drug, analgesic, 

decongestant, antihistamine, cough suppressant, vitamin, mineral, or herb supplement intended 

for human or animal consumption and used to cure, mitigate or treat disease or improve or 

enhance health.
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Photochemically reactive solvent – any solvent with an aggregate of more than twenty percent 

(20%) of its total volume composed of chemical compounds classified below or which exceeds 

any of the following individual percentage composition limitations:

(a) A combination of hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones having an 

olefinic or cyclo-olefinic type of unsaturation that account for five percent (5%) or more 

of the total volume of a solvent;

(b) A combination of aromatic compounds with eight (8) or more carbon atoms to the

molecule except ethylbenzene that account for eight percent (8%) or more of the total 

volume of a solvent; or

(c) A combination of ethylbenzene, ketones having branched hydrocarbon structures,

trichloroethylene or toluene that account for twenty percent (20%) or more of the total 

volume of a solvent.

Plastic cement welding adhesive – any adhesive intended by the manufacturer for use to 

dissolve the surface of plastic to form a bond between mating surfaces.

Plastic cement welding adhesive primer – any primer intended by the manufacturer for use to 

prepare plastic substrates before bonding or welding.

Plastic foam – foam constructed of plastic.

Plasticizer – a material, such as high boiling point organic solvent, that is incorporated into a 

vinyl to increase its flexibility, workability, or distensibility, as determined by the ASTM 

Method E-260-96.

Plastics – synthetic material chemically formed by the polymerization of organic (carbon-based) 

substances. Plastics are usually compounded with modifiers, extenders, or reinforcers and are 

capable of being molded, extruded, cast into various shapes and films or drawn into filaments.

Plastic part – A piece made from a substance that has been formed from resin through the 

application of pressure or heat or both.

Plate – a plate or cylinder or any other contrivance that carries the image to be printed and to 

which ink is applied. The inked plate transfers the image to the paper (or other substrate) either 

directly, or, in the offset process, indirectly through a blanket.

Polyvinyl chloride (PVC) plastic – a polymer of the chlorinated vinyl monomer that contains 

fifty-seven percent (57%) chlorine.

Polyvinyl chloride (PVC) welding adhesive – any adhesive intended by the manufacturer for 

the welding of PVC plastic pipe. PVC plastic is a polymer of the chlorinated vinyl monomer that 

contains fifty-seven percent (57%) chlorine and which is normally identified with a PVC 

marking. 
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Porous material – a substance that has tiny openings, often microscopic, in which fluids may be 

absorbed or discharged. Such materials include, but are not limited to, paper, corrugated 

paperboard, and, except for the limit in Category 5 (Adhesives Applied To Particular Substrates)

in the Table of Standards in § 744.2, wood. 

Portable fuel container – any container or vessel, with a nominal capacity of ten (10) gallons or 

less, intended for reuse, that is designed, used, sold, advertised, or offered for sale for receiving, 

transporting, storing, and dispensing fuel or kerosene. Portable fuel containers do not include 

containers or vessels permanently embossed or permanently labeled, as described in 49 C.F.R. § 

172.407(a), as the rule existed on September 15, 2005, with language indicating said containers 

or vessels are solely intended for use with non-fuel or non-kerosene products.

Post-consumer coating – a finished coating that would have been disposed of in a landfill, 

having completed its usefulness to a consumer, and does not include manufacturing wastes.

Pre-ACP VOC content – the lowest VOC content of an ACP product between January 1, 1990, 

and the date on which the application for a proposed ACP is submitted to the Department, based 

on either the data on the product obtained from the March 12, 1991, CARB Consumer Products 

Survey, or other accurate records available to the Department, whichever yields the lowest VOC 

content for the product.

Pressurized gas duster – a pressurized product whose label states the product’s purpose is to 

remove dust from a surface solely by mass air or gas flow, including surfaces such as 

photographs, photographic film negatives, computer keyboards, and other types of surfaces that 

cannot be cleaned with solvents. Pressurized gas duster does not include a dusting aid.

Pre-treatment wash primer – a primer that contains a minimum of one half of a percent (0.5%) 

acid, by weight, when tested in accordance with ASTM Designation D 1613-96, incorporated by 

reference into § 778.5, that is labeled and formulated for application directly to bare metal 

surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.

Primer – a coating whose label states the product’s purpose is, and is formulated for, application 

to a substrate to provide a firm bond between the substrate and subsequent coats.

Principal display panel or panels – that part, or those parts, of a label that are so designed as to 

most likely be displayed, presented, shown, or examined under normal and customary conditions 

of display or purchase. Whenever a principal display panel appears more than once, all 

requirements pertaining to the principal display panel shall pertain to all such principal display 

panels.

Printing – the process of producing images, coatings, or other design on paper (or other 

substrate) by the use of inks.
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Printing operation – each operation used in connection with printing, including, but not limited 

to, the printing itself, lithographic varnish and coating operations, ink manufacture, ink mixing, 

preparing, and packaging the printed products and disposal of the waste.

Printing press – a printing production assembly composed of one (1) or more printing units to 

produce a printed sheet or web or substrate including any associated coating, spray powder 

application, heatset web dryer, ultraviolet or electron beam curing units, or infrared heating units. 

Printing unit – one (1) or more pieces of equipment used for the simultaneous placing of one (1) 

or more inks on paper (or some other substrate) in the process of printing. A printing press often 

contains more than one (1) printing unit, each unit successively printing a separate portion of the 

total printing.

Product brand name – the name of the product exactly as it appears on the principal display 

panel of the product.

Product category – the applicable category that best describes the product as listed in this 

section and § 720. 

Product line – a group of products of identical form and function belonging to the same product 

category or categories.

Propellant – a liquid or compressed gas that is used, in whole or in part, such as a co-solvent, to 

expel a liquid or any other material from the same self-pressurized container or from a separate 

container. 

Pump spray – a packaging system in which the product ingredients within the container are not 

under pressure and in which the product is expelled only while a pumping action is applied to a 

button, trigger or other actuator.

Quick-dry enamel – a non-flat coating that is labeled as specified in § 776.1(h) and that is 

formulated to have the following characteristics:

(a) Is capable of being applied directly from the container under normal conditions with 

ambient temperatures between sixteen degrees Celsius (16o C) or sixty-one degrees 

Fahrenheit (61o F) and twenty-seven degrees Celsius (27° C) or eight-one degrees 

Fahrenheit (81o F);

(b) When tested in accordance with ASTM Designation D 1640-95, incorporated by 

reference in § 778.5, sets to touch in two (2) hours or less, is tack free in four (4) hours or 

less, and dries hard in eight (8) hours or less by the mechanical test method; and

(c) Has a dried film gloss of seventy (70) or above on a sixty (60) degree meter.
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Quick-dry primer sealer and undercoater – a primer, sealer, or undercoater that is dry to the 

touch in thirty (30) minutes and can be re-coated in two (2) hours when tested in accordance with 

ASTM Designation D 1640-95, incorporated by reference in § 778.5.

RACT – Reasonably Available Control Technology. 

Reactive diluent – a liquid that is a reactive organic compound during application and that, 

through chemical or physical reactions, such as polymerization, twenty percent (20%) or more of 

the reactive organic compound becomes an integral part of the finished material.

Reactive Penetrating Carbonate Stone Sealer – a clear or pigmented coating whose label 

states the product’s purpose is, and is formulated for, application to above-grade carbonate stone 

substrates to provide protection from water and waterborne contaminants, including, but not 

limited to, alkalis, acids, and salts. Reactive Penetrating Carbonate Stone Sealers must penetrate 

into carbonate stone substrates and chemically react to form covalent bonds with naturally 

occurring minerals in the substrate. Reactive Penetrating Carbonate Stone Sealers line the pores 

of carbonate substrates with a hydrophobic coating, but do not form a surface film. Reactive 

Penetrating Carbonate Stone Sealers must:

(a) Improve water repellency at least eighty percent (80%) after application on a carbonate 

stone substrate. This performance must be verified on standardized test specimens, in 

accordance with, ASTM C67-07, ASTM C97-02, or ASTM C140-06; and

(b) Not reduce the water vapor transmission rate by more than ten percent (10%) after 

application on a carbonate stone substrate. This performance must be verified on 

standardized test specimens, in accordance with ASTM E96/E96M-05.

Reasonably Available Control Technology (RACT) – the lowest emission limit for VOCs or 

NOx that a particular source is capable of meeting by the application of control technology that is 

reasonably available considering technological and economic feasibility.

Reconcile or reconciliation – to provide sufficient VOC emission reductions to completely 

offset any shortfalls generated under the ACP during an applicable compliance period.

Reconciliation of shortfalls plan – the plan to be implemented by the responsible ACP party 

when shortfalls have occurred, as approved by the Department pursuant to

§735.

Recycled coating – an architectural coating formulated such that not less than fifty percent 

(50%) of the total weight is secondary and post-consumer coating, with not less than ten percent 

(10%) of the total weight consisting of post-consumer coating.

Reduced room draft – decreasing the flow or movement of air across the top of the freeboard 

area of a solvent cleaning machine to less than fifty feet (50 ft.) per minute (fifteen and two 

tenths meters (15.2 m.) per minute) by methods including, but not limited to, redirecting fans or 
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air vents, moving a machine to a corner where there is less room draft, or constructing a partial 

or complete enclosure.

Reinforced plastic composites – a composite material consisting of plastic reinforced with 

fibers.

Remote reservoir cold cleaning machine – a machine in which liquid solvent is pumped to a 

sink-like work area that immediately drains solvent back into an enclosed container while parts 

are being cleaned, allowing no solvent to pool in the work area.

Residence – areas where people reside or lodge, including, but not limited to, single and multiple 

family dwellings, condominiums, mobile homes, apartment complexes, motels, and hotels.

Responsible ACP party – the company, firm, or establishment that is listed on the ACP 

product's label. If the label lists two (2) or more companies, firms, or establishments, the 

responsible ACP party is the party that the ACP product was manufactured for or distributed by, 

as noted on the label. 

Responsible party – the company, firm, or establishment that is listed on the product's label. If 

the label lists two (2) companies, firms or establishments, the responsible party is the party that 

the product was manufactured for or distributed by, as noted on the label.

Restricted materials – pesticides listed as restricted materials under applicable District of 

Columbia laws or regulations.

Retailer – any person who owns, leases, operates, controls, sells, supplies, or offers consumer 

products for sale directly to consumers or supervises a retail outlet.

Retail outlet – any establishment at which consumer products or portable fuel containers or 

spouts or combination portable fuel containers and spouts are sold, supplied, or offered for sale 

directly to consumers.

Roadway sealant – any sealant intended by the manufacturer for application to public streets, 

highways, and other surfaces, including but not limited to curbs, berms, driveways and parking 

lots.

Roller coating – the application of a coating to a sheet or strip in which the coating is 

continuously transferred by a roller or series of rollers that rotate opposite of one another.

Roll-on product – any antiperspirant or deodorant that dispenses active ingredients by rolling a 

wetted ball or wetted cylinder on the affected area.

Roof coating – is the following:
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(a) A non-bituminous coating whose label states the product’s purpose is, and is formulated 

exclusively for, application to roofs for the primary purpose of preventing penetration of 

the substrate by water or reflecting heat and ultraviolet radiation; and 

(b) Excludes metallic pigmented roof coatings.

Rotogravure package printing – a flexible package printing process in which an image (type 

and art) is etched or engraved below the surface of a plate or cylinder.

Rotogravure package printing press – an unwind or feed section, which may include more 

than one (1) unwind or feed station (such as on a laminator), a series of individual work stations, 

one (1) or more of which is a rotogravure print station, any dryers associated with the work 

stations, and a rewind, stack, or collection station. Inboard and outboard workstations, including 

those employing any other technology, such as flexography, are included if they are capable of 

printing or coating on the same substrate.

Rubber – any natural or manmade rubber substrate, including but not limited to: styrenebutediene rubber (SBR), polychloroprene (neoprene), butyl rubber, nitrile rubber, 

chlorosulfonated polyethylene (CSM), and ethylene propylene diene terpolymer (EPDM). 

Rubber and vinyl protectant – is the following:

(a) Any product designed to protect, preserve, or renew vinyl, rubber, and plastic on 

vehicles, tires, luggage, furniture, and household products such as vinyl covers, clothing, 

and accessories; and

(b) Excludes products primarily designed to clean the wheel rim, such as aluminum or 

magnesium wheel cleaners, and tire cleaners that do not leave an appearance-enhancing 

or protective substance on the tire.

Rubbing alcohol – any product containing isopropyl alcohol (also called isopropanol) or 

denatured ethanol and whose label states the product’s purpose is for topical use, usually to 

decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and 

for massage.

Rust preventive coating – a coating formulated exclusively for non-industrial use to prevent the 

corrosion of metal surfaces and labeled as specified in § 776.1(f).

Sanding sealer – is the following:

(a) A clear or semi-transparent wood coating whose label states the product’s purpose is, and 

is formulated for, application to bare wood to seal the wood and to provide a coat that can 

be abraded to create a smooth surface for subsequent applications of coatings; and 

(b) Does not include sanding sealers that also meet the definition of a lacquer.
169

SCAQMD – South Coast Air Quality Management District.

Screen printing – a process in which the printing ink passes through a web or a fabric to which 

a refined form of stencil has been applied where the stencil openings determine the form and 

dimensions of the imprint.

Sealant – any material with adhesive properties that is formulated primarily to fill, seal, 

waterproof, or weatherproof gaps or joints between two (2) surfaces. Sealants include sealant 

primers and caulks. 

Sealant and caulking compound – is the following:

(a) Any product with adhesive properties that is designed to fill, seal, waterproof, or 

weatherproof gaps or joints between two (2) surfaces;

(b) Does not include roof cements and roof sealants, insulating foams, removable caulking 

compounds, clear/paintable/water resistant caulking compounds, floor seam sealers, 

products designed exclusively for automotive uses, or sealers that are applied as 

continuous coatings; 

(1) Removable caulking compounds are compounds which temporarily seal windows 

or doors for three (3) to six (6) month time intervals, and 

(2) Clear/paintable/water resistant caulking compounds are compounds that contain 

no appreciable level of opaque fillers or pigments, transmit most or all visible 

light through the caulk when cured, are paintable, and are immediately resistant to 

precipitation upon application; and

(c) Does not include units of product, less packaging, which weigh more than one (1) pound 

and consist of more than sixteen (16) fluid ounces.

Sealant primer – any product intended by the manufacturer to be applied to a substrate, before 

the application of a sealant, to enhance the bonding surface. 

Sealer – a coating whose label states the product’s purpose is and is formulated for application to 

a substrate for one (1) or more of the following purposes: 

(a) To prevent subsequent coatings from being absorbed by the substrate; or 

(b) To prevent harm to subsequent coatings by materials in the substrate.

Secondary coating (rework) – is the following:

(a) A fragment of a finished coating or a finished coating from a manufacturing process that 

has converted resources into a commodity of real economic value; and
170

(b) Does not include excess virgin resources of the manufacturing process.

Semisolid – a product that, at room temperature, will not pour, but will spread or deform easily, 

including but not limited to gels, pastes, and greases.

Shaving cream – an aerosol product which dispenses foam lather intended to be used with a 

blade, cartridge razor, or other wet-shaving system to remove facial or other bodily hair. Shaving 

cream does not include shaving gel.

Shaving gel – an aerosol product that dispenses a post-foaming semisolid designed to be used 

with a blade, cartridge razor, or other shaving system to remove facial or other bodily hair.

Shaving gel does not include shaving cream.

Sheet-applied rubber installation – the process of applying sheet rubber liners by hand to metal 

or plastic substrates to protect the underlying substrate from corrosion or abrasion. These 

operations also include laminating sheet rubber to fabric by hand.

Sheet-fed – as applied to offset lithography or letterpress printing operations subject to the 

requirements of § 716, a printing process where individual sheets of paper or other substrate are 

fed into the printing press sequentially. 

Shellac – a clear or opaque coating formulated solely with the resinous secretions of the lac 

beetle (Laciffer lacca), thinned with alcohol, and formulated to dry by evaporation without a 

chemical reaction.

Shop application – application of a coating to a product or a component of a product in or on 

the premises of a factory or a shop as part of a manufacturing, production, or repairing process, 

including but not limited to original equipment manufacturing coatings.

Shortfall – is the following:

(a) The ACP emissions minus the ACP limit when the ACP emissions were greater than the 

ACP limit during a specified compliance period, expressed to the nearest pound of VOC; 

and

(b) Excludes emissions occurring before the date that the ACP Agreement approving an ACP 

is signed by the Department.

Silicone-based multi-purpose lubricant – is the following:

(a) Any lubricant which is designed, and whose label states the product’s purpose is, to 

provide lubricity primarily through the use of silicone compounds, including but not 

limited to polydimethylsiloxane, and designed and whose label states the product’s 

purpose is for general purpose lubrication, or for use in a wide variety of applications; 

and
171

(b) Excludes products designed, and whose label states the product’s purpose is, exclusively 

to release manufactured products from molds.

Single-phase aerosol air freshener – an aerosol air freshener with the liquid contents in a single 

homogeneous phase that does not require that the product container be shaken before use.

Single-ply roof membrane – a prefabricated single sheet of rubber, normally EPDM (ethylenepropylenediene terpolymer), that is applied in a single layer to a building roof. 

Single-ply roof membrane adhesive primer – any primer whose label states the product’s 

purpose is for use by the manufacturer for cleaning and promoting adhesion of the single-ply 

roof membrane seams or splices before bonding.

Single-ply roof membrane installation or repair adhesive – any adhesive whose label states 

the product’s purpose is for use by the manufacturer for use in the installation or repair of singleply roof membrane.

Single-ply roof membrane sealant – any sealant whose label states the product’s purpose is for 

use by the manufacturer for application to single-ply roof membrane.

Small business – shall have the same meaning as defined in applicable District of Columbia 

laws and regulations.

Solicit – to require for use or to specify, by written or oral contract.

Solid – a substance or mixture of substances that, either whole or subdivided (such as the 

particles comprising a powder), is not capable of visually detectable flow as determined under 

ASTM D 4359-90(2000)e1, including subsequent amendments, incorporated by reference.

Solvent – organic compounds that are used as diluents, thinners, dissolvers, viscosity reducers, 

cleaning agents or other related uses.

Solvent/air interface – the location of contact between the concentrated solvent vapor layer and 

the air:

(a) This location of contact is defined as the mid-line height of the primary condenser coils; 

and

(b) For a cold cleaning machine, it is the location of contact between the liquid solvent and 

the air.

Solvent cleaning machine – a device or piece of equipment that uses solvent liquid or vapor to 

remove contaminants, including but not limited to dirt, grease, oil, and coatings, from the 

surfaces of materials. Types of solvent cleaning machines include but are not limited to batch 

vapor cleaning machines, in-line vapor cleaning machines, immersion cold cleaning machines, 
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remote reservoir cold cleaning machines, airless cleaning systems, and air-tight cleaning 

systems.

Solvent cleaning machine automated parts handling system – a mechanical device that 

carries all parts and parts baskets at a controlled speed from the initial loading of soiled or wet 

parts through the removal of the cleaned or dried parts.

Solvent cleaning machine down time – the period when a solvent cleaning machine is not 

cleaning parts and the sump heating coils, if present, are turned off.

Solvent cleaning machine idle time – the period when a solvent cleaning machine is not 

actively cleaning parts and the sump heating coil, if present, is turned on.

Solvent cleaning operation – the removal of loosely held uncured adhesives, uncured inks, 

uncured coatings, and contaminants, which include, but are not limited to:

(a) Dirt, soil, and grease from parts, products, tools, machinery, equipment, and general work 

areas; or

(b) Activities such as wipe cleaning, solvent flushing, or spraying, where each distinct 

method of cleaning in a cleaning process, which is a series of cleaning methods, 

constitute a separate solvent cleaning operation.

Solvent cleaning tanks or related equipment – include, but are not limited to cold cleaners, 

vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to 

clean miscellaneous metallic parts by immersion in a container.

Solvent flushing – the use of a solvent to remove uncured adhesives, uncured inks, uncured 

coatings, or contaminants from the internal surfaces and passages of the equipment by flushing 

solvent through the equipment.

Special purpose spray adhesive – an aerosol adhesive that satisfies any of the following 

definitions:

(a) Mounting adhesive – an aerosol adhesive designed to permanently mount photographs, 

artwork, and any other drawn or printed media to a backing (paper, board, cloth, etc.) 

without causing discoloration to the artwork;

(b) Flexible vinyl adhesive – an aerosol adhesive designed to bond flexible vinyl to 

substrates. Flexible vinyl means a non-rigid polyvinyl chloride plastic with at least five 

percent (5%), by weight, of plasticizer content. A plasticizer is a material, such as a high 

boiling point organic solvent, that is incorporated into a plastic to increase its flexibility, 

workability, or distensibility, and may be determined using ASTM Method E260-91, 

including any subsequent amendments, or from product formulation data;
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(c) Polystyrene foam adhesive – an aerosol adhesive designed to bond polystyrene foam to 

substrates;

(d) Automobile headliner adhesive – an aerosol adhesive designed to bond together layers in 

motor vehicle headliners;

(e) Polyolefin adhesive – an aerosol adhesive designed to bond polyolefins to substrates;

(f) Laminate repair/edgebanding adhesive – consists of the following:

(1) An aerosol adhesive designed for the touch-up or repair of items laminated with 

high pressure laminates including but not limited to lifted edges, delaminates, or 

for the touch-up, repair, or attachment of edgebanding materials, including but not 

limited to, other laminates, synthetic marble, veneers, wood molding, and 

decorative metals; and

(2) High pressure laminate means sheet materials which consist of paper, fabric, or 

other core material that have been laminated at temperatures exceeding two

hundred and sixty-five degrees Fahrenheit (265o F) or one hundred twenty-nine 

degrees Celsius (129o C), and at pressures between one thousand pounds (1,000

lb.) and one thousand four hundred pounds (1,400 lb.) per square inch (psi); or

(g) Automotive engine compartment adhesive – an aerosol adhesive designed for use in 

motor vehicle under-the-hood applications that require oil and plasticizer resistance, as 

well as high shear strength, at temperatures of two hundred degrees Fahrenheit (200° F)

to two hundred seventy-five degrees Fahrenheit (275o F) or ninety-three degrees Celsius 

(93° C) to one hundred thirty-five degrees Celsius (135o C).

Specialty flexographic printing – flexographic printing on polyethylene or polypropylene food 

packaging, fertilizer bags, or liquid-tight food containers.

Specialty primer, sealer, and undercoater – a coating labeled as specified in § 776.1(g) and 

that is formulated for application to a substrate to seal fire, smoke, or water damage, to condition 

excessively chalky surfaces, to seal in efflorescence or to block stains. An excessively chalky 

surface is one that is defined as having a chalk rating of four (4) or less as determined by ASTM 

Designation D 4214-98, incorporated by reference in § 778.5.

Spill-proof spout – any spout that complies with all of the performance standards specified in §

752 or with the certification requirement in § 755 and with the requirements in § 754.

Spill-proof system – any configuration of a portable fuel container and firmly attached spout 

that complies with all of the performance standards in § 752 or with the certification requirement 

in § 755 and with the requirements in § 754.

Spot remover – is the following:
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(a) Any product whose label states the product’s purpose is to clean localized areas, or 

remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, and 

clothing, that does not require subsequent laundering to achieve stain removal; and 

(b) Excludes dry cleaning fluid, laundry prewash, or multi-purpose solvent.

Spout – any device that can be firmly attached to a portable fuel container for conducting 

pouring through which the contents of a portable fuel container can be dispensed, not including a 

device that can be used to lengthen the spout to accommodate necessary applications.

Spray buff product – a product designed to restore a worn floor finish in conjunction with a 

floor buffing machine and special pad.

Stain – a clear, semi-transparent, or opaque coating formulated and whose label states the 

product’s purpose is to change the color of a surface, but not conceal the grain pattern or texture.

Stick product – any antiperspirant or deodorant that contains active ingredients in a solid matrix 

form, and that dispenses the active ingredients by frictional action on the affected area.

Stone consolidant – a coating whose label states the product’s purpose is, and is formulated for 

application to stone substrates to repair historical structures that have been damaged by 

weathering or other decay mechanisms. Stone consolidants must penetrate into stone substrates 

to create bonds between particles and consolidate deteriorated material. Stone consolidants must 

be specified and used in accordance with ASTM E2167-01, incorporated by reference in §

778.5(l). Stone consolidants are for professional use only and must be labeled as such, in 

accordance with the labeling requirements in § 776.1(j).

Stripping – the removal of cured coatings, inks, adhesives, or maskants, including, but not 

limited to, industrial coating removal systems used to remove propellants, paints, or other 

previously applied coatings other than grease from metal, to wood furniture stripping, metal parts 

stripping, and dry film stripper operations.

Structural glazing adhesive – any adhesive intended by the manufacturer to apply glass, 

ceramic, metal, stone, or composite panels to exterior building frames. 

Structural waterproof adhesive – in accordance with the Federal Consumer Products 

Regulation, 40 C.F.R. Part 59 Subpart C, an adhesive whose bond lines are resistant to 

conditions of continuous immersion in fresh or salt water, and that conforms with Federal 

Specification MMM-A-181D (Type 1, Grade A).

Subfloor installation – the installation of subflooring material over floor joists, including the 

construction of any load bearing joists. Subflooring is covered by a finish surface material. 

Superheated vapor system – a system that heats the solvent vapor to a temperature of ten 

degrees Fahrenheit (10o F) or negative twelve degrees Celsius (-12o C) above the solvent’s 
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boiling point. Parts are held in the superheated vapor before exiting the machine to evaporate the 

liquid solvent on the parts.

Surface preparation – the cleaning of surfaces before coating, further treatment, sale, or 

intended use.

Surface preparation solvent – a solvent used to remove dirt, oil, and other contaminants from a 

substrate before the application of a primer, adhesive, or sealant. 

Surplus reduction – the ACP limit minus the ACP emissions when the ACP limit was greater 

than the ACP emissions during a given compliance period, expressed to the nearest pound of 

VOC. Except as provided in § 735.11 this term does not include emissions occurring before the 

date that the ACP Agreement approving an ACP is signed by the Department.

Surplus trading – the buying, selling, or transfer of Surplus Reductions between responsible 

ACP parties.

Swimming pool coating – a coating whose label states the product’s purpose is, and is 

formulated, to coat the interior of swimming pools and to resist swimming pool chemicals.

Swimming pool repair and maintenance coating – a rubber-based coating whose label states 

the product’s purpose is, and is formulated, to be used over existing rubber-based coatings for 

the repair and maintenance of swimming pools.

Table B compound – any carbon-containing compound listed as an exception to the definition 

of VOC.

Target fuel tank – any receptacle that receives fuel from a portable fuel container.

Temperature-indicator safety coating – a coating whose label states the product’s purpose is, 

and is formulated as, a color-changing indicator coating for the purpose of monitoring the 

temperature and safety of the substrate, underlying piping, or underlying equipment, and for 

application to substrates exposed continuously or intermittently to temperatures above two 

hundred and four degrees Celsius (204° C) or four hundred degrees Fahrenheit (400o F).

Terrestrial – to live on or grow from land.

Thermoplastic rubber coating and mastic – a coating or mastic formulated and recommended 

for application to roofing or other structural surfaces and that incorporates no less than forty 

percent (40%) by weight of thermoplastic rubbers in the total resin solids and may also contain 

other ingredients including but not limited to fillers, pigments, and modifying resins.

Thin metal laminating adhesive – any adhesive intended by the manufacturer to bond multiple 

layers of metal to metal, or metal to plastic, in the production of electronic or magnetic 

components in which the thickness of the bond line(s) is less than twenty-five one hundredths of 

a millimeter (0.25 mm.). 
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Tint base – an architectural coating to which colorant is added after packaging in sale units to 

produce a desired color.

Tire repair – a process that includes expanding a hole, tear, fissure, or blemish in a tire casing 

by grinding or gouging, applying adhesive and filling the hole or crevice with rubber. 

Tire sealant and inflation – any pressurized product that is designed to temporarily inflate and 

seal a leaking tire.

Tire retread adhesive – any adhesive intended by the manufacturer for application to the back 

of pre-cured tread rubber and to the casing and cushion rubber. Tire retread adhesive may also be 

used to seal buffed tire casings to prevent oxidation while the tire is being prepared for a new 

tread.

Toilet/urinal care product – any product designed or whose label states the product’s purpose 

is to clean or deodorize toilet bowls, toilet tanks, or urinals. “Toilet bowls, toilet tanks, or 

urinals” includes, but is not limited to toilets, urinals, connected-to permanent plumbing in 

buildings and other structures, portable toilets or urinals placed at temporary or remote locations, 

and toilet or urinals in vehicles such as buses, recreational motor homes, boats, ships, and 

aircraft. Toilet/urinal care product does not include bathroom and tile cleaner or general purpose 

cleaner.

Total maximum historical emissions (TMHE) – is the following:

(a) The total VOC emissions from all ACP products for which the responsible ACP party has 

failed to submit the required VOC content or enforceable sales records. This term shall be 

calculated for each ACP product during each portion of a compliance period for which 

the responsible ACP has failed to provide the required VOC Content or Enforceable 

Sales records; and

(b) Shall be expressed to the nearest pound and calculated according to the following 

calculation:

where:

Highest VOC Content = the maximum VOC content which the ACP product has 

contained in the previous five (5) years, if the responsible ACP 

party has failed to meet the requirements for reporting VOC 

Content data (for any portion of the compliance period), as 

specified in the ACP Agreement approving the ACP, or the 

TMHE =(MHE ) +(MHE ) + +(MHE )

1 2  N

) x Missing Data Days

100 x 365

HighestVOCContent x Highest Sales MHE=(
177

current actual VOC Content, if the responsible ACP party has 

provided all required VOC Content data (for the entire 

compliance period), as specified in the ACP Agreement;

Highest Sales = the maximum one (1) year District of Columbia gross sales of 

the ACP product in the previous five (5) years, if the 

responsible ACP party has failed to meet the requirements for 

reporting Enforceable Sales records (for any portion of the 

compliance period), as specified in the ACP Agreement 

approving the ACP, or the current actual one (1) year 

Enforceable Sales for the product, if the responsible ACP party 

has provided all required Enforceable Sales records (for the 

entire compliance period), as specified in the ACP Agreement 

approving the ACP;

Missing Data Days = the number of days in a compliance period for which the 

responsible ACP party has failed to provide the required 

Enforceable Sales or VOC Content data as specified in the 

ACP Agreement approving an ACP; and

1, 2, ..., N = each product in an ACP, up to the maximum N, for which the 

responsible ACP party has failed to submit the required 

Enforceable Sales or VOC Content data as specified in the 

ACP Agreement approving an ACP.

Traffic marking coating – a coating whose label states the product’s purpose is, and is 

formulated for marking and striping streets, highways, or other traffic surfaces including but not 

limited to curbs, berets, driveways, parking lots, sidewalks, and airport runways.

Traffic marking tape – preformed reflective film intended by the manufacturer for application 

to public streets, highways, and other surfaces, including but not limited to curbs, berms, 

driveways, and parking lots.

Traffic marking tape adhesive primer – any primer intended by the manufacturer for 

application to surfaces before installation of traffic marking tape.

Type A propellant – a compressed gas such as CO2, N2, N2O, or compressed air that is used as a 

propellant, and is either incorporated with the product or contained in a separate chamber within 

the product's packaging.

Type B propellant – any halocarbon that is used as a propellant including chlorofluorocarbons 

(CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

Type C propellant – any propellant that is not a Type A or Type B propellant, including 

propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl oxide).
178

Ultraviolet ink – an ink that dries by polymerization reaction induced by ultraviolet energy.

Undercoater – a coating formulated and whose label states the product’s purpose is to provide a 

smooth surface for subsequent coatings.

Undercoating – any aerosol product designed to impart a protective, non-paint layer to the 

undercarriage, trunk interior, or firewall of motor vehicles to prevent the formation of rust or to 

deaden sound including but not limited to rubberized, mastic, or asphaltic products.

Undersea-based weapons systems components – the fabrication of parts, assembly of parts, or 

completed units of any portion of a missile launching system used on undersea ships.

Usage directions – the text or graphics on the product's principal display panel, label, or 

accompanying literature that describes to the end user how and in what quantity the product is to 

be used.

Vapor cleaning machine – is the following:

(a) A solvent cleaning machine that boils liquid solvent, generating a vapor, or that heats 

liquid solvent that is used as part of the cleaning or drying cycle; and

(b) Does not include machines that do not have a solvent/air interface, such as airless and 

air-tight cleaning systems.

Vapor cleaning machine primary condenser – a series of circumferential cooling coils on a 

vapor cleaning machine through which a chilled substance is circulated or recirculated to provide 

continuous condensation of rising solvent vapors and, thereby, create a concentrated vapor zone.

Vapor up control switch – a thermostatically controlled switch that shuts off or prevents 

condensate from being sprayed when there is no vapor. On in-line vapor cleaning machines the 

switch also prevents the conveyor from operating when there is no vapor.

Varnish – a clear or semi-transparent wood coating, excluding lacquers and shellacs, formulated 

to dry by chemical reaction on exposure to air. Varnishes may contain small amounts of pigment 

to color a surface, or to control the final sheen or gloss of the finish.

Vinyl/Fabric/Leather/Polycarbonate coating – a coating designed and whose label states the 

product’s purpose is exclusively to coat vinyl, fabric, leather, or polycarbonate substrates.

VOC composite partial vapor pressure – as applied to offset lithography or letterpress printing 

operations subject to the requirements of § 716, the sum of the partial pressure of the compounds 

defined as VOCs. VOC composite partial vapor pressure is calculated as defined in § 716.8(a).

VOC content – is the following:
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(a) For the purpose of §§ 719 through 737, except for charcoal lighter products, the total 

weight of VOC in a product expressed as a percentage of the product weight, exclusive of 

the container or packaging, as determined pursuant to § 734.1 through 734.3;

(b) For charcoal lighter material products only:

where:

Certified Emissions = the emissions level for products approved by the District of 

Columbia under § 730, as determined pursuant to South Coast 

Air Quality Management District Rule 1174 Ignition Method 

Compliance Certification Protocol (Feb. 27, 1991), including 

subsequent amendments, expressed to the nearest one onethousandth of a pound (0.001 lb) of methylene (CH2) per start;

Certified Use Rate = the usage level for products approved by the District of 

Columbia under § 730, as determined pursuant to South Coast 

Air Quality Management District Rule 1174 Ignition Method 

Compliance Certification Protocol (Feb. 27, 1991), including 

subsequent amendments, expressed to the nearest one onethousandth of a pound (0.001 lb) of certified product used per 

start; and

(c) For the purpose of §§ 773 through 778, the weight of VOC per volume of coating, 

calculated according to the procedures specified in § 778.1.

Wasp and hornet insecticide – any insecticide product that is designed for use against wasps, 

hornets, yellow jackets, or bees by allowing the user to spray from a distance a directed stream or 

burst at the intended insects, or their hiding place.

Water-based solvent – a solvent that consists mostly of water and that contains no more than 

twelve percent (12%) by weight of volatile organic compound. The solvent dissolves or 

otherwise carries the pigment, extenders, binders, and other related material which, when added 

to the solvent, forms the ink. 

Waterproofer – is the following:

(a) A product designed and whose label states the product’s purpose is exclusively to repel 

water from fabric or leather substrates; and 

(b) Does not include fabric protectants.

Certified Use Rate

(Certified Emissions x 100) VOC Content=
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Waterproofing concrete/masonry sealer – a clear or pigmented coating whose label states the 

product’s purpose is, and is formulated for, sealing concrete and masonry to provide resistance 

against water, alkalis, acids, ultraviolet light, and staining.

Waterproofing sealer – a coating whose label states the product’s purpose is, and is formulated 

for, application to a porous substrate for the primary purpose of preventing the penetration of 

water.

Waterproof resorcinol glue – a two (2)-part resorcinol-resin-based adhesive designed for 

applications where the bond line must be resistant to conditions of continuous immersion in fresh 

or salt water. 

Wax – is the following:

(a) A material or synthetic thermoplastic substance generally of high molecular weight 

hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol 

and high polymers (plastics); and 

(b) Includes but is not limited to substances derived from the secretions of plants and animals 

such as carnuba wax and beeswax, substances of a mineral origin including but not 

limited to ozocerite and paraffin, and synthetic polymers such as polyethylene.

Web – as applied to offset lithography or letterpress printing operations subject to the 

requirements of § 716, a continuous roll of paper used as the printing substrate.

Web spray adhesive – any aerosol adhesive that is not a mist spray or special purpose spray 

adhesive.

Wiping solution – the liquid cleanser used to assist in removing ink from cylinder(s) wipe 

process.

Wood cleaner – a product whose label states the product’s purpose is to clean wooden materials 

including, but not limited to, decking, fencing, flooring, logs, cabinetry, and furniture. Wood 

cleaner does not include dusting aid, general purpose cleaner, furniture maintenance product, 

floor wax stripper, floor polish or wax, or products designed and whose label states the product’s 

purpose is exclusively to preserve or color wood.

Wood floor wax – wax-based products for use solely on wood floors.

Wood preservative – a coating formulated and whose label states the product’s purpose is to 

protect exposed wood from decay or insect attack, that is registered with both the U.S. EPA 

under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §§ 136, et seq.) and with 

the District of Columbia Department of the Environment pursuant to 20 DCMR chapter 7.

Working day – a day other than Saturday, Sunday, a legal holiday, or day on which the 

Department is officially closed.
181

Working mode cover – any cover or solvent cleaning machine design that allows the cover to 

shield the cleaning machine openings from outside air disturbances while parts are being cleaned 

in the cleaning machine. A cover that is used during the working mode is opened only during 

parts entry and removal.

Year – unless otherwise indicated, refers to the calendar year.
20 DCMR Chapter 7:

Volatile Organic Compounds

Emissions Reductions

Technical Support Document

As of 12.30.2011
CONTENT

The VOC regulation amendments were first published in the D.C. Register on May 18, 2007, at 

54 DCR 4846.

Preambles:

Second Notice of Proposed Rulemaking

Posted: August 13, 2010 (57 DCR 7216, D.C. Register ID 472795)

Hearing Date: September 13, 2010

Third Notice of Proposed Rulemaking

Posted: August 12, 2011, at 58 DCR 6954 (D.C. Register ID 1388475)

Hearing Date: Monday, September 12, 2011

Notice of Final Rulemaking

Posted: December 30, 2011, at 58 DCR 011286 (D.C. Register ID 1864066)

Response to Comments Documents:

Responses to EPA Comments on First Proposed Rulemaking (August 18, 2009)

Responses to EPA Comments on First Proposed Rulemaking (October 30, 2009)

Responses to Public Comments (January 2010)

Response to Comments on Second Proposed Rulemaking (October 19, 2010)

Additional Response to Comments on Second Proposed Rulemaking (March 7, 2011)

Response to Comments on Third Proposed Rulemaking (September 2011)

Additional Notes
Preambles
NOTICE OF PROPOSED RULEMAKING

Posted: August 13, 2010 (57 DCR 7216, D.C. Register ID 472795)

Hearing Date: September 13, 2010

The Acting Director of the District Department of the Environment (DDOE), pursuant to the 

authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 

1984, as amended, effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§8-101.05 

and 8-101.06(b)), section 107(4) of the District Department of the Environment Establishment 

Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §8-151.07(4)), 

Mayor's Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-61, dated June 14, 2006, 

hereby gives notice of the intent to adopt the following amendments to Chapter 7 of Subtitle A: 

Air Quality, of Title 20 (Environment) of the District of Columbia Municipal Regulations 

(DCMR) in not less than forty-five (45) days from the date of publication of this notice in the 

D.C. Register.

The proposed regulations are necessary to reduce further volatile organic compound (VOC) 

emissions in the District. VOCs are precursors to ground-level ozone, a principal component of 

smog that is formed in the atmosphere in the presence of sunlight. Ground-level ozone is a 

criteria pollutant under the federal Clean Air Act (CAA). The Washington metropolitan area, 

which includes the District, is in nonattainment of the National Ambient Air Quality Standards 

(NAAQS) for eight-hour ground-level ozone. On January 6, 2010, United States Environmental 

Protection Agency (EPA) proposed a primary health-based ozone standard of between 0.060 and 

0.070 parts per million (ppm) measured over eight hours. This is in line with Clean Air Scientific 

Advisory Committee recommendations, but is considerably lower than the 2008 standard of 

0.075 ppm. In 2007 and 2008, the District’s air monitoring stations recorded exceedances of the 

current NAAQS. The design concentration value (a statistically derived value that describes air 

quality status relative to the NAAQS) for each year was 0.087 ppm. Therefore, the District is 

required to adopt measures to reduce ozone levels, including precursor emissions of VOCs.

High levels of ozone cause health problems such as eye and throat irritation; breathing 

difficulties even for healthy individuals, but especially for those with respiratory problems such 

as allergies, asthma, bronchitis and emphysema; and leads to greater susceptibility to respiratory 

infection. When breathed into the lungs, ozone reacts with lung tissue and can harm breathing 

passages, decrease the lungs’ working-ability, and cause coughing and chest pains.

The proposed regulations were first published in the D.C. Register on May 18, 2007, at 54 DCR 

4846. Although the comment period officially closed on June 18, 2007, the DDOE continued to 

respond to and in most cases incorporate comments from the regulated community and EPA 

during the entire revision period. The comments and DDOE’s responses are incorporated in the 

explanation of the amendments to each section below. 

The proposed regulations incorporate Phase II amendments to model rules designed to reduce 

ozone in the eastern United States and promulgated by the Ozone Transport Commission (OTC), 

an entity created by the federal Clean Air Act (42 U.S.C. 7506a). Since VOCs are precursors to 

ozone, all members of the OTC (Virginia, the District of Columbia, Maryland, Pennsylvania, 
Delaware, New Jersey, New York, Connecticut, Massachusetts, Rhode Island, Vermont, New 

Hampshire, and Maine) have drafted similar rules as part of a regional strategy to attain and 

maintain the eight-hour ozone NAAQS. The District originally adopted Phase I of the OTC VOC 

modelrules in April 2004 and then amended them in December 2004.

In addition to incorporating the OTC model rules, this proposed rulemaking adopts the 

requirements of several control techniques guidelines (CTGs) published by EPA. In accordance 

with sections 182(b)(2)(A) and 183(e) of the Clean Air Act (CAA), CTGs contain reasonably 

available control technology (RACT) level controls for specified product categories. The EPA 

periodically revises the list of CTG categories to comply with section 183(e) of the CAA.

Revisions to the list were issued in 2006 (Group II), 2007 (Group III), and 2008 (Group IV).

CTG categories account for at least 80 percent of the VOC emissions, on a reactivity-adjusted 

basis, from consumer and commercial products in areas that violate the NAAQS for 8-hour 

ozone. CAA section 183(e)(3)(C) provides that EPA may issue a CTG in lieu of a national 

regulation for controls that are substantially as effective at reducing VOC emissions from each of 

the CTG categories. Therefore, the District has incorporated seven relevant CTG requirements 

into the proposed regulations. 

The seven categories of Group II, III, and IV CTGs addressed in the proposed regulations are: 

flexible packaging and printing (in §§ 710, 770 and 771); large appliance coatings, metal 

furniture coatings, and miscellaneous metal products and plastic parts coatings (§714); 

lithographic and letterpress printing (§716); miscellaneous industrial adhesives (§§ 743 to 749); 

and industrial cleaning solvents (§§ 770 and 771). The District submitted a negative declaration 

(a letter of certification) for the four remaining Group II, III, and IV CTG categories because no 

sources in the District were identified: flatwood paneling; paper, film, and foil coatings; auto and 

light-duty truck assembly coatings; and fiberglass boat manufacturing.

All references to the Mayor were changed to “the Department,” defined as DDOE. DDOE is 

authorized to implement the proposed regulations in accordance with Mayor's Order 98-44, dated 

April 10, 1998, and Mayor’s Order 2006-61, dated June 14, 2006.

Specifically, the following changes are being proposed:

The title of §700 was changed from “Organic Solvents” to “Miscellaneous VOCs” to more 

accurately establish and expand the subject of the regulation. EPA’s definition for “VOC” was 

incorporated by reference in §799. The definition for “solvent” in §799 was adjusted to reflect 

the organic nature of the compound, which is often referenced in but is no longer the main focus 

of the regulation. Since §700 is intended to be a catch-all provision for VOCs not regulated in 

other sections, §700.1 was amended to extend the catch-all to all subsequent sections in this 

chapter not previously included in §700.1. The 85 percent overall control efficiency requirement 

in §700.2 was increased to 90 percent. This change was the result of long deliberation about 

updating the standard to reduce VOC emissions in light of recent revisions to the ozone NAAQS, 

and the District does not believe it places an unreasonable burden on the regulated community.
The term “photochemically reactive solvents” in §700.2 was changed to “volatile organic 

compounds” to reflect the true focus of the chapter. The term “overall capture and control 

efficiency” was added to the end of §700.2 to clarify the intent of the emissions reduction option.

Section 700.3 on “nonphotochemically reactive solvents” was moved to §708, because 

nonphotochemically reactive solvents are not technically VOCs. However, the section remains in 

20 DCMR Chapter 7 to avoid backsliding (weakening requirements by removing a regulation).

The District is considering moving the section to a different chapter at a later time.

The District considered repealing §706 on Petroleum Dry Cleaners, but the Air Quality 

Division’s Permitting and Enforcement Branch recently conducted a dry cleaner survey, which 

revealed that very few dry cleaning facilities continue to use petroleum solvent in the District.

Therefore, §706 was retained.

Section 707, Perchloroethylene Dry Cleaning, was repealed because perchloroethylene (“perc”), 

a chemical solvent used in dry cleaning, is no longer defined as a VOC. To avoid backsliding, 

the federal regulation on perc dry cleaners, which is more stringent than the District’s current 

rule, will be incorporated by reference in a new air quality chapter pertaining to Air Toxics.

Section 708, Solvent Cleaning, was repealed because all of the standards from §708 are 

addressed with more detail in OTC’s model rule on solvent cleaning, which are included in §§ 

763 through 769.

Section 710, Engraving and Plate Printing, was amended to incorporate the limits listed in 

Appendix 7-1, and Appendix 7-1 was repealed. Since some of the VOC content limits in §§ 

710.5 through 710.9 and 710.12 are for source categories that are also controlled in §716 (e.g. 

offset lithography heatset, letterpress) but are quantified using different methods (i.e. they 

impose limits on the percent of alcohol in the solution or overall control efficiency, as opposed to 

VOC content), language was added to allow requirements from both §§ 710 and 716 to apply as 

appropriate and to incorporate requirements from the Offset Lithography and Letterpress 

Printing CTG as appropriate.

The control recommendations and emission limits from the Flexible Package Printing CTG were 

added to §710.5(h) and (i) and §710.6, since flexible package printing uses both flexographic and 

rotogravure printing presses, and at least one of the District’s major sources does operate a 

rotogravure press. The CTG controls are for inks, adhesives, and sealants used in presses with a 

potential to emit (PTE) 25 tons or more of VOCs per year.

The Flexible Package Printing CTG also includes cleaning recommendations for presses that 

emit over 15 pounds per day but with a PTE less than 25 tons per year. These requirements were 

addressed with solvents in §§ 770 to 771.

There was some confusion by EPA as to whether §710 is “a 100 ton per year major non-CTG 

VOC RACT rule”. The District does not have any sources that emit more than 100 tons per year, 

so it does not interpret §710 this way. Section 710 states that it is for “an establishment coming 

within the description of Industry Group 2753 as stated in the 1972 Standard Industrial 
Classification (SIC) Manual of the Federal Office of Management and Budget...” The 1972 SIC 

code (or Industry Group code) 2753 is equivalent to the 1987 SIC code 2759, which is defined as 

“commercial printing, not elsewhere classified.” The District is not aware of threshold limits 

associated with this SIC code, or the subsequent North American Industry Classification System 

(NAICS) codes. The District intends for the regulation to apply to relevant commercial printing 

units, such as the Bureau of Engraving and Printing.

The District considered adding NAICS codes to §710.1 to correspond with the 1972 SIC codes, 

but decided not to do so. Overlap between SIC and NAICS codes can be complicated, and EPA 

has not yet fully adopted the practice of using NAICS codes. The District also considered adding 

SIC or NAICS codes to represent facilities affected by the Flexible Package Printing CTG, but 

instead included §710.1(b) along with definitions for the affected source categories in §799.

Section 714, Controls and Prohibitions on Gasoline Volatility, is not in the District’s state 

implementation plan (SIP), and was repealed. As written, the rule was relevant from May 1, 

1991, to September 15, 1991. During the early 1990s, the District opted into the federal 

reformulated gas (RFG) program, which requires states to meet volatility standards to decrease 

evaporative emissions of gasoline during summer months when ozone levels are typically high.

On September 30, 1993, the District adopted the Stage II Vapor Recovery regulations to limit 

emissions of gasoline at the pump during refueling, alleviating the need for the RFG program.

Section 714 was replaced with a catch-all regulation to address three of EPA’s CTGs for source 

categories that were not directly incorporated into the body of 20 DCMR Chapter 7, and for 

which the District did not submit a negative declaration: miscellaneous metal and plastic parts 

coatings, large appliance coatings, and metal furniture coatings. CTG applicability is based on 

actual emission thresholds (not PTE) from the aggregation of units within a CTG category.

The catch-all CTG rule requires a presumptive 90 percent overall control efficiency. In §714.3, 

the term “source” is defined for each CTG category, to identify the entities to be regulated now 

and into the future. There is a “once in, always in” provision in §714.2, along with work practice 

and record-keeping requirements in later sections. Record-keeping is necessary because 

provisions in the SIP must be federally enforceable. Even sources that emit less than 15 pounds 

per day are asked to maintain records to demonstrate that emissions are below the applicability 

threshold.

Procedures and schedules are outlined for persons who own, operate or lease a source and would 

prefer to comply with a different option. A source-specific RACT analysis, as explained in §715, 

may be conducted. As stated later in §715.4, if a source is major, there is no option and a sourcespecific RACT analysis must be conducted.

Section 715, Major Source and Case-By-Case RACT, outlines requirements for sources with the 

theoretical PTE of 25 tons per year or over, the major source threshold under the District’s onehour ozone SIP, which is the basis for the 8-hour ozone SIP limits. Section 715 explains how to 

calculate “theoretical potential to emit.” The theoretical PTE for VOC RACT is different than 

PTE used for new source review because it is calculated before controls and is based on any type 

of limit, not just operational limits. The maximum potential is calculated for 8,760 hours (the 
number of hours in a year), except for the purposes of §715.3 (i.e. for sources with a CTG), 

where the potential maximum operating hours can be less than 8,760 hours for any source or unit 

subject to a federally enforceable limit on the hours.

Section 715 specifies what is required in a RACT analysis, and how the District will handle 

source-specific RACT analyses when issuing or modifying permits. The alternative RACT 

process is intended as a negotiation that can become more burdensome as a source emits more 

pollution. Any final RACT determination ultimately becomes a SIP revision.

The District considered combining the proposed §§ 700, 714 and 715 to establish a presumptive 

90 percent limit for all CTGs, area and major sources regardless of applicability, but instead, 

decided to maintain much of the existing area source (§700) and RACT (§715) language and add 

a CTG rule (§714) to avoid confusion.

Section 716 was amended to include requirements from the Offset Lithography and Letterpress 

Printing CTG and is now titled accordingly. Section 716.1 entails separate applicability 

thresholds for the existing rule and the CTG. It applies to any person who falls into one or both 

categories. The effective date in §716.5 was amended because requirements were added or 

changed, but no standards were made more stringent. Sections 716.5 and 716.6 address 

dampening or fountain solutions; §§ 716.7 through 716.9 address cleaning solutions; and §§ 

716.10 through 716.14 cover dryers or inks and heatset ovens for major sources only. The 

District was careful to maintain existing regulatory language while integrating the CTG 

requirements as much as possible to avoid backsliding.

The equation in §716.7(a)(2) was substituted with a similar equation from §747.5, since the 

definitions better correspond with the components of the equation. Both regulate composite 

pressure, while the latter equation allows more than one exempt compound to be considered and 

adds the American Society for Testing and Materials (ASTM) methods.

Sections 714, 715, and 716 do not specify compliance with the District’s new source review 

(NSR) requirements in §204, but do when a new unit with a PTE 25 tons per year is installed.

The RACT requirements do not let a source avoid NSR permitting, and the NSR requirements do 

not allow a source to avoid RACT requirements.

The National Emission Standards For Hazardous Pollutants For Source Categories that was in 

§717 will be placed in a new air quality chapter pertaining to Air Toxics. Section 717 was 

replaced with a section on emissions from “Soil and Groundwater Remediation” facilities. Until 

now, District policy has been contained in a letter addressed to Steve Giffin of the Exxon 

Company dated June 19, 1991. The letter included an acceptable health-based risk level for 

facilities that exceed one (1) pound per day after controls. In the proposed §717, the District 

shortened the policy to remove any reference to risk but retained the control level of at least 95 

percent if emission are greater than one (1) pound per day.

As mentioned above, this rulemaking proposes new VOC standards for certain consumer 

products in §§ 719 through 737. OTC’s most recent “Consumer Products” model rule was an 

amendment that added three sections to the model rule from November 29, 2001, which was 
developed and implemented to address the one-hour ozone standard. DDOE received many 

comments from the consumer products industry concerning sell through dates for non-compliant 

products. Although these rules do not contain specific sell through dates, to address industry 

concerns, the new consumer products standards will not take effect until at least six (6) months 

after the proposed rule is published (which allows for sell through of non-compliant products). In 

addition, if a consumer product cannot comply within six (6) months, then the manufacturer can 

seek an exemption through an alternative control plan agreement, an innovative product 

exemption, or a variance pursuant to §§ 735 through 737.

The revised “Adhesives and Sealants” model rule was moved from §§ 738 through 743 to §§ 743 

through 749. It is based on a RACT determination prepared by the California Air Resources 

Board (CARB) in 1998 that limits emissions of VOCs from adhesives, sealants and primers. The 

model rule achieves VOC reductions through two basic components: sale and manufacture 

restrictions that limit the VOC content of specified adhesives, sealants and primers sold; and use 

restrictions that apply primarily to commercial or industrial applications. By reducing the 

availability of higher VOC content adhesives and sealants, the sales prohibition is also intended 

to address adhesive and sealant usage at area sources. Emissions from residential use of 

regulated products are addressed through the sales restrictions and simple use provisions.

The District included the requirements of the “Miscellaneous Industrial Adhesives” CTG in §§ 

743 to 749. The maximum overall control efficiency option in the adhesives CTG was 85 

percent, not 90 percent, and thus could not be accommodated in §714. (See §744.5(a)). The 

adoption of the CTG is why the language of §744.1 and §744.2 is very similar. However, §744.1 

refers to “sell, supply, offer for sale...or manufacture for sale”, based on the model rule, and 

§744.2 refers to “use or apply,” based on the CTG. The District chose to extend the CTG 

requirements to sealants and sealant primers, since these materials are covered in the model rule, 

which is broader in scope than the CTG. Table I of §744.2 contains additions that are in the 

CTG, but not the model rule, such as limits for motor vehicle glass bonding and adhesives 

applied to plastic or wood. The term “use” is parsed out in subsequent sections, such as §§ 745.3 

and 745.4.

In response to comments from the regulated community, the proposed §745.9 includes a limited 

exemption for single-ply roofing materials during winter months. Even though very little roofing 

occurs during the winter in the District, this change was made to address the regulated industries’ 

concerns, and to maintain consistency with similar rules in other states in the OTC region.

Only one comment from the regulated community was rejected. The U.S. Air Force submitted 

written comments concerning the applicability of rules pertaining to military HAZMAT 

(hazardous material) pharmacies and similar facilities where paint, adhesives, and sealants are 

stored and distributed. They requested that the definition of the term “supplies” or “supply” in §§ 

743 to 749 be changed to exempt military HAZMAT pharmacies from the requirement to 

dispose of dated materials. In consultation with neighboring states that denied the request, the 

District did not grant an exemption for HAZMAT pharmacies.

The model rule on Portable Fuel Containers (PFCs) and spouts was moved from §§ 735 through 

741 to §§ 751 through 758. The OTC revision was developed to address emission reduction 
shortfalls identified by EPA in plans to attain the one-hour ozone standard. The District has 

adopted the later version of the OTC rule, because revisions to Chapter 700 were not completed 

before July 1, 2007. The updated model rule requires spill-proof performance systems, and 

incorporates slightly more stringent testing, labeling and record-keeping requirements than the 

previous model rule.

The “Solvent Cleaning” model rule, moved from §§ 742 through 748 to §§ 763 through 771, was 

also developed as part of a regional effort to attain and maintain the one-hour ozone standard, 

address emission reduction shortfalls, and reduce 8-hour ozone levels. Because of applicability 

issues, requirements from the “Industrial Cleaning Solvents” CTG were added as §§ 770 and 

771, instead of within the body of the rule. However, like in the adhesives CTG, the maximum 

overall control efficiency option in the solvent cleaning CTG was for 85 percent, not 90 percent, 

and thus could be accommodated in §714. (See §770.5(b) for the 85 percent option.)

The items listed for exemption in §770.9 are included to make the regulation consistent with the 

solvents CTG, which is intended to address only those categories that are not addressed 

elsewhere in different CTGs. As §770.9(b) suggests, solvents that are already covered in §§ 710, 

714, 716, 718, and 743 through 749 are not to be addressed by the solvents CTG. However, only 

parts of the flexible printing and packaging CTG are addressed by §710: parts dealing with inks, 

coatings, and adhesives for sources that emit 25 tons per year. The cleaning materials portion of 

the flexible printing and packaging CTG for sources that emit over 15 lbs per day, but less than 

25 tons per year, are not covered in §710, but are included in §771.1(b); hence, the cleaning 

portions of the flexible printing and packaging CTG are excluded from §770 (see §770.9(l), (m) 

and (q)).

The adhesives CTG is indirectly excluded from the miscellaneous metal and plastic parts CTG 

because §§770.9(b) excludes §714.

The architectural and industrial maintenance (AIM) exclusion in §770.9(n) can also be found in 

§714.3(a)(2). That is because AIM solvents are excluded separately in both the solvents CTG 

and the miscellaneous metal product and plastic parts CTG.

The Architectural and Industrial Maintenance Coating model rule, moved from §§ 749 through 

754 to §§ 773 through 779, was changed by OTC for similar reasons as the previous rules. As 

requested through industry comments, the District included limits for materials in the table in 

§774.10 that the industry anticipates using to repair the steps of the U.S. Capitol, and made 

related changes to other sections. An additional request by the regulated community to reduce 

burdensome reporting requirements in §777 was also granted.

Finally, numerous definitions were amended and added to accommodate the proposed revisions 

to the District’s VOC regulation.

In summary, the following amendments will be submitted to EPA for approval as a revision to 

the District of Columbia’s State Implementation Plan: (1) amendments to §§ 700, 710, 715, 716 

and 799; (2) amendments to or recodification of the rules for certain consumer products, 

adhesives and sealants, portable fuel containers, solvent cleaning, and architectural and industrial 
maintenance coatings; (3) the repeal of §§ 707 and 708; and (4) the inclusion of §714, a catch-all 

regulation to address three of EPA’s CTGs for source categories that were not directly 

incorporated into the body of the other amended sections. The District does not plan to include 

the new requirements of §717 in a SIP amendment.

Comments on these proposed rules must be submitted, in writing, no later than thirty (30) days 

after the date of publication of this notice in the D.C. Register to Ms. Jessica Daniels, District 

Department of the Environment, Air Quality Division, 1200 First Street, NE, 5th Floor, 

Washington, D.C. 20002 or sent electronically to jessica.daniels@dc.gov. Copies of the proposed 

rule may be obtained between the hours of 9:00 A.M. and 5:00 P.M. at the address listed abo ve 

for a small fee to cover the cost of reproduction or on-line at http://ddoe.dc.gov.
NOTICE OF PROPOSED RULEMAKING

Posted: August 12, 2011, at 58 DCR 6954 (D.C. Register ID 1388475)

Hearing Date: Monday, September 12, 2011

The Director of the District Department of the Environment (DDOE or Department), pursuant to 

the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control 

Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-

101.05 and 8-101.06(b)(2008 Repl.)), section 107(4) of the District Department of the 

Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. 

Official Code § 8-151.07(4)(2008 Repl.)), Mayor's Order 98-44, dated April 10, 1998, and 

Mayor’s Order 2006-61, dated June 14, 2006, hereby gives notice of the intent to adopt the 

following amendments to chapter 7 of Subtitle A (Air Quality) of Title 20 (Environment) of the 

District of Columbia Municipal Regulations (DCMR) in not less than forty-five (45) days from 

the date of publication of this notice in the D.C. Register. 

The proposed regulations are necessary to reduce further volatile organic compound (VOC) 

emissions in the District. VOCs are precursors to ground-level ozone, a principal component of 

smog that is formed in the atmosphere in the presence of sunlight. Ground-level ozone is a 

criteria pollutant under the federal Clean Air Act (CAA). On January 6, 2010, the United States 

Environmental Protection Agency (EPA) proposed a primary health-based ozone standard of 

between sixty one-thousandths (0.060) and seventy one-thousandths (0.070) parts per million 

(ppm) measured over eight (8) hours. This standard follows the Clean Air Scientific Advisory 

Committee recommendations, but is considerably stricter than the 2008 standard of seventy-five 

one-thousandths (0.075) ppm. 

The Washington Metropolitan area, which includes the District, is in nonattainment of the 

National Ambient Air Quality Standards (NAAQS) for eight-hour ground-level ozone. In 2007 

and 2008, the District’s air monitoring stations recorded exceedances of the current NAAQS. 

The design concentration value (a statistically derived value that describes air quality status 

relative to the NAAQS) for each year was eighty-seven one-thousandths (0.087) ppm. Therefore, 

the District is required to adopt measures to reduce ozone levels, including precursor emissions 

of VOCs.

High levels of ozone cause health problems such as eye and throat irritation; breathing 

difficulties, even for healthy individuals, but especially for those with respiratory problems such 

as allergies, asthma, bronchitis and emphysema; and leads to greater susceptibility to respiratory 

infection. When breathed into the lungs, ozone reacts with lung tissue and can harm breathing 

passages, decrease the lungs’ working-ability, and cause coughing and chest pains. 

The proposed regulations were first published in the D.C. Register on May 18, 2007, at 54 DCR 

4846. Although the comment period officially closed on June 18, 2007, the Department

continued to respond to and in most cases incorporate comments from the regulated community 

and EPA during the entire revision period.
In response to significant comments received between 2007 and 2010, a second proposed 

rulemaking was published in the D.C. Register on August 13, 2010, at 57 DCR 7216 (D.C. 

Register ID 472795). The proposed rulemaking incorporated Phase II amendments to model 

rules designed to reduce ozone in the eastern United States and promulgated by the Ozone 

Transport Commission (OTC). The District originally adopted Phase I of the OTC VOC model 

rules in April 2004 and then amended them in December 2004. In addition, the proposed 

rulemaking adopted the requirements of control techniques guidelines (CTGs) published by 

EPA. In accordance with sections 182(b)(2)(A) and 183(e) of the Clean Air Act, CTGs contain 

reasonably available control technology (RACT) level controls for specified product categories.

RACT was incorporated for seven (7) CTG categories. The preamble to the rule proposed in 

August 2010 contains more detail about the adopted model rules and CTGs.

Most of the comments to the August 2010 proposed rulemaking were submitted by 

representatives of the printing industry: the Printing and Graphics Association of the MidAtlantic (PGAMA), and the United States Department of the Treasury Bureau of Engraving and 

Printing (BEP). The Department added new printing-related CTG requirements while attempting 

to retain existing language and regulatory provisions as much as possible. However, as the 

history and original purpose of the printing sections (§ 710 and § 716) was not well understood 

by the commenters, and current industry activity and terminology were not well captured by the 

Department, these changes caused confusion. Thus, clarifications were made that warrant a third 

proposed rulemaking. 

Two detailed “Response to Comments” documents are available on the Department’s website at 

http://ddoe.dc.gov/ddoe/site/default.asp. A summary of the comments and the Department’s 

responses is provided in the paragraphs below. 

Many of the comments from the printing industry were related to confusion as to whether certain 

sections of § 710 were applicable to all of the printing industry or just to BEP. As discussed in 

the preamble of the rule proposed in August 2010 and in the first Response to Comments 

document from October 2010 (Response 4b), § 710 on “Engraving and Plate Printing” was 

always intended to apply to BEP. The section was initially and is still applicable to “any printing 

unit [or operation] in an establishment coming within the description of Industry Group 2753 as 

stated in the 1972 Standard Industrial Classification Manual of the Federal Office of 

Management and Budget,” or to “commercial printing, not elsewhere classified.” When the 

regulation was first published, the only facility that met these qualifications was BEP. The 

District has always interpreted the regulation to apply only to BEP, and has never extended 

enforcement based on the requirements of the regulation to any other facility.

However, as PGAMA notes, § 710 does contain limits for lithographic and letterpress printing, 

even though there is a separate § 716 dedicated solely to lithographic and letterpress printing.

Nevertheless, despite the history of the regulations and the fact that BEP does engage in 

lithographic and letterpress printing, moving forward, the District agrees that the regulatory 

structure is confusing. Thus in response to PGAMA comments, the lithographic and letterpress 

portions of § 710 have been moved to § 716, while retaining existing applicability provisions of 

both sections.
The title of § 710 has been changed to reflect more directly a revised focus on “Intaglio, 

Flexographic, and Rotogravure Printing.” The reference to a 1972 SIC code (quoted above) in 

the applicability section of § 710.1(a) has been revised to specify simply that the retained parts of 

§ 710 are intended to apply to “intaglio printing units and intaglio printing operations.” Since 

BEP is the only facility that operates intaglio printing in the District, the intaglio printing aspects 

of § 710 remain specific to BEP.

The District interprets the applicability provisions of the proposed § 716.1(a) to be just as 

relevant to BEP as the previous § 710.1(a). The District does not believe it is necessary to retain 

reference to the 1972 SIC code (from § 710.1(a) of the regulation proposed in August 2010, 

quoted above) in § 716, because the 1972 code is not exceptionally descriptive and is no longer 

relevant. The other lithographic and letterpress portions of § 710 that have been moved to § 716 

generally maintain that they apply “prior to March 1, 2011” for printing operations “in existence 

as of December 31, 1985”. The District believes that these descriptors (“prior to March 1, 2011,” 

and “in existence as of December 31, 1985”) narrow the applicability of the regulations that 

pertain specifically to BEP.

The moving of provisions from § 710 to § 716 required additional re-codification of both 

sections.

PGAMA requested that specific methodologies or guidance for estimating potential and actual 

emissions and material use be added to either § 715 on Major Source and Case-by-Case 

Reasonably Available Control Technology (RACT) or, as a follow-up, to § 716. The RACT 

section is not intended to be specific to any one industry, so that request was denied. Instead of 

including guidance in § 716, the Department will evaluate calculations on a case-by-case basis

using the methods presented. The following EPA guidance documents may be useful for 

identifying methodologies, in addition to the 2006 CTG for Offset Lithographic Printing and 

Letterpress Printing:

Potential or actual emissions from printing operations (note that some factors may have 

been revised by the 2006 CTG): Technical Support Document for Title V Permitting of 

Printing Facilities (http://epa.gov/ttncaaa1/t5/memoranda/tsd.pdf) 

Material use:

1998 Seitz memo on PTE for specific sources 

(http://epa.gov/ttncaaa1/t3/memoranda/lowmarch.pdf), or

Potential to Emit (PTE) Guidance for Specific Source Categories, April 14, 1998, Table 3 

Guidance for Printing, Publishing and Packaging Operations

(http://epa.gov/ttncaaa1/t3/memoranda/tekmarch.pdf)

A request to change the fifteen pounds per day (15 lb/day) threshold in § 716 to a three (3) tons 

per twelve (12) month rolling period was denied. The commenter suggested that a lb/day 

threshold would require daily recordkeeping and would be burdensome to industry. The 

Department added language that allows for the estimation of actual daily VOC emissions, based 

on the monthly average. Also, the District added a provision to § 716.25(b) that allows smaller 

printing operations to demonstrate applicability or compliance by maintaining material use 
records instead of emissions records. The intent of these changes is to make the recordkeeping

requirements less burdensome for smaller operations.

Several printing-related definitions were repealed from § 199 and added to § 799, as a more 

appropriate location for them, while other definitions in § 799 were revised. The definition for 

“volatile organic compound” in § 799 was repealed and moved to § 199 to replace the current 

definition.

A few non-printing related requests were denied. One was a request to change emission limits for 

several pleasure craft coatings products. As the Department remains unaware of pleasure craft 

coating activities occurring in the District, the Department does not think it was necessary to 

revise § 714, which adopts related CTG requirements.

Requests to reconsider a ban on para-dichlorobenzene (PDCB) from solid air fresheners and 

toilet/urinal products (§ 721) and a ban on specific products containing methylene chloride, 

perchloroethylene, or trichloroethylene (§§ 727 and 728) were denied. The Department believes 

that the regulated community has had adequate time to prepare for compliance with the proposed 

sell-through dates.

Numerous other clarifications requested by the printing industry as well as the representatives of 

the consumer products industry, the adhesives and sealants industry, the regulated community, 

and EPA are discussed in both Response to Comments documents and have been made in the 

proposed rulemaking.

After these revisions were made, all references to “March 1, 2011,” were changed to “January 1, 

2012,” to avoid inclusion of a retroactive compliance date and to give the regulated community 

time to come into compliance. As a result:

The effective date was changed for the VOC limits in the § 720.1 Table of Standards, as well as 

in §§ 727, 728, and 729. Text added to § 729 was revised to make the section read like §§ 727 

and 728. In all three (3) sections, the sell-through date of products that are manufactured through 

January 1, 2012, is now the beginning of ozone season (May 1, 2012). 

The effective date for FIFRA-registered products in §§ 732.11 and 732.12 was changed to one 

(1) year after the date specified in the § 720.1 Table of Standards, based on the § 722.1 

requirement.

The phase-in for single-ply roof membrane installation or repair adhesives, sealant, or adhesive 

primer is no longer necessary, since the effective date was changed to January 1, 2012. The 

“effective date” column in the Table of Standards in § 744.2 was deleted.

Dates were changed in §§ 770 and 771, but no additional re-codification was necessary.

Finally, § 100.4 has been amended to allow for use of the metric system since that is the 

commonly used measurement in VOC controls. Unlike most other air quality regulations, the 
VOC regulations use the metric system (for example, degrees Celsius), and this form of 

measurement should be controlling when indicated in chapter 7.
NOTICE OF FINAL RULEMAKING

Posted: December 30, 2011, at 58 DCR 011286 (D.C. Register ID 1864066)

The Director of the District Department of the Environment (DDOE or Department), pursuant to 

the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control 

Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165 (DCAPC); D.C. Official 

Code §§ 8-101.05 and 8-101.06(b)(2008 Repl.)), section 107(4) of the District Department of the 

Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. 

Official Code § 8-151.07(4)(2008 Repl.)), Mayor's Order 98-44, dated April 10, 1998, and 

Mayor’s Order 2006-61, dated June 14, 2006, hereby gives notice of the adoption of the 

following amendments to chapter 7 of Subtitle A (Air Quality) of Title 20 (Environment) of the 

District of Columbia Municipal Regulations (DCMR). As required by section 6(b) of the 

DCAPC, prior to the issuance of a Notice of Final Rulemaking, this rulemaking was submitted to 

the Council of the District of Columbia (Council) for a review period of up to forty-five (45) 

days. The Notice of Final Rulemaking was introduced in the Council on October 21, 2011, and 

was passively deemed approved on December 23, 2011.

The regulations are necessary to reduce further volatile organic compound (VOC) emissions in 

the District. VOCs are precursors to ground-level ozone, a principal component of smog that is 

formed in the atmosphere in the presence of sunlight. Ground-level ozone is a criteria pollutant 

under the federal Clean Air Act (CAA). 

The Washington Metropolitan area, which includes the District, is in nonattainment of the 2008 

National Ambient Air Quality Standards (NAAQS) for eight-hour ground-level ozone of 

seventy-five one-thousandths (0.075) parts per million (ppm). In 2007 and 2008, the District’s air 

monitoring stations recorded exceedances of the current NAAQS. The design concentration 

value (a statistically derived value that describes air quality status relative to the NAAQS) for 

each year was eighty-seven one-thousandths (0.087) ppm. Therefore, the District is required to 

adopt measures to reduce ozone levels, including precursor emissions of VOCs.

High levels of ozone cause health problems such as eye and throat irritation; breathing 

difficulties, even for healthy individuals, but especially for those with respiratory problems such 

as allergies, asthma, bronchitis and emphysema; and leads to greater susceptibility to respiratory 

infection. When breathed into the lungs, ozone reacts with lung tissue and can harm breathing 

passages, decrease the lungs’ working-ability, and cause coughing and chest pains. 

Proposed regulations were first published in the D.C. Register on May 18, 2007, at 54 DCR 

4846. Although the comment period officially closed on June 18, 2007, the Department 

continued to respond to and in most cases incorporate comments from the regulated community 

and EPA during the entire revision period. 

In response to significant comments received between 2007 and 2010, a second proposed 

rulemaking was published in the D.C. Register on August 13, 2010, at 57 DCR 7216 (D.C. 

Register ID 472795). The second proposed rulemaking incorporated Phase II amendments to 

model rules designed to reduce ozone in the eastern United States and promulgated by the Ozone 
Transport Commission (OTC). The District originally adopted Phase I of the OTC VOC mode l 

rules in April 2004 and then amended them in December 2004. In addition, the second proposed 

rulemaking adopted the requirements of control techniques guidelines (CTGs) published by 

EPA. In accordance with sections 182(b)(2)(A) and 183(e) of the Clean Air Act, CTGs contain 

reasonably available control technology (RACT) level controls for specified product categories. 

RACT was incorporated for seven (7) CTG categories. The preamble to the rule proposed in 

August 2010 contains more detail about the adopted model rules and CTGs.

Most of the comments to the August 2010 proposed rulemaking were submitted by 

representatives of the printing industry: the Printing and Graphics Association of the MidAtlantic (PGAMA), and the United States Department of the Treasury Bureau of Engraving and 

Printing (BEP). The Department added new printing-related CTG requirements while attempting 

to retain existing language and regulatory provisions as much as possible. However, as the 

history and original purpose of the printing sections (§ 710 and § 716) was not well understood 

by the commenters, and current industry activity and terminology were not well captured by the 

Department, these changes caused confusion. Thus, clarifications were made that warranted a 

third proposed rulemaking. 

The third proposed rulemaking was published in the D.C. Register on August 12, 2011, at 58 

DCR 6954 (D.C. Register ID 1388475). Many of the comments received on the third proposed 

rulemaking were specific in nature, and can be addressed by observing variance or other generic 

alternative provisions already included in the rulemaking. The preamble to the third proposed 

rule contains a summary of the comments and the Department’s responses. The Office of the 

Attorney General (OAG) confirmed that three (3) non-substantive clarifications would not 

require DDOE to republish a fourth proposed rulemaking before proceeding to publishing the 

final rulemaking. Specifically, a line was added to §708 to retain the intent of the existing 

regulation. As requested by a commenter and intended, one phrase in §744.2 was moved and 

supplemented to clarify that §744.2 is linked to §744.1. Finally, the definition of “architectural 

coating” was supplemented to include the full definition language from the OTC model rule, as 

requested and intended.
Response to Comments 

Documents
Proposed VOC Regulations (20 DCMR Chapter 7)

Summary of Responses to EPA Comments

(As of August 18, 2009)

DATE TOPIC COMMENT/CONCERN RESPONSE

7-15-08 Miscellaneous Industrial 

Adhesives CTG

There may be differences between 

the CTG and the model rule 

concerning limits or definitions 

for wood, plastic solvent welding 

(except ABS), plastic adhesive 

primer, etc; also, the CTG does 

not address sealants

744.2 + definitions – CTG limits 

have been incorporated into model 

rule draft (743 to 749); 744.5 

includes 85% option

Industrial Cleaning Solvents CTG Does the model rule (763 to 769) 

adequately cover all batch and inline vapor cleaning units subject to 

the CTG?

N/A – EPA determined that CTG 

and model rule (763 to 769) are 

similar enough; 770.9(b)

10-24-08 Proposed section 700 to address 

CTG requirements using a 

presumptive 90% overall control 

efficiency as RACT

Consider accounting for new 

businesses or technologies

714.4 defines CTG categories; 

714.5 says what persons must do 

if reg applies to them

Include a schedule or plan and 

how we’d deal with sourcespecific RACT, in case 90% is not 

reasonable

714.6 includes option for CTG 

sources that do not want to meet 

presumptive 90%; 715.5 through 

715.7 includes schedule and 

procedural plan for source-specific 

RACT analyses

To put a source-specific RACT in 

a SIP, DDOE would need to start 

with an enforceable document 

(permit, consent decree or 

compliance order) or regulatory 

provision

715.7(b)

Consider adding a catch-all about 

work practice standards

714.5(c)

Make sure that new sources that 

attain 90% are not supposed to be 

attaining more than 90%; do not 

710.3, 714.2 and 716.1 make 

provisions for NSR (§204)
DATE TOPIC COMMENT/CONCERN RESPONSE

trump NSR, especially where 

control requirements are graduated 

(e.g. if a new press with a 

PTE>25tpy is installed, make sure 

the change still triggers NSR and 

does not get the facility out of 

NSR by complying with the CTG 

requirements) or vice versa; make 

sure NSR does not trump CTG 

requirements

2-2-09 EPA Memo on RACT for 

Cleaning in Flexible Package 

Printing

N/A in 714 because 90% is not an 

option for the CTG category

710 applies for sources > 25 tpy; 

770.1 and 770.9 apply for sources 

> 15 lb/day & < 25 tpy

3-18-09 Industrial Cleaning Solvents CTG Concern that presumptive 90% 

would apply a more stringent 

requirement to a vaster universe of 

cleaning solvents without the 

g/liter or 8 mm VP options

770.4(a) to (c); 770 and 771 – The 

CTG requirements are now 

incorporated into additions to the 

model rule (763 to 769) with an 

85% option

Offset Lithographic & Letterpress 

Printing CTG

Avoid the appearance of 

backslides where total emissions 

of VOCs from all operations (vs 

per operation) >25 tpy; make sure 

the regulated community does not 

change: fountain (litho) & 

cleaning (litho & letterpress) 

=>15lb/day; 90-95% only if >25 

tpy; dampening – 30 vs 70%; 

CURRENT REG MUST 

REMAIN IN PLACE

716; 716.9 – see adjustments to 

address applicability; most of the 

existing language has been 

maintained

3-26-09 714 on Gasoline Volatility 714 is not in DC’s SIP; DC opted 

into the Fed RFG program in the 

early 1990s, so the reg is no 

longer needed

714 – REPEALED

Proposed 706 on Soil & 

Groundwater Remediation

For RACT purposes, consider 

putting all but 706.2(c) on cancer 

SVE chapter was moved to 717 so 

that it’s past sections 701 to 713, 
DATE TOPIC COMMENT/CONCERN RESPONSE

risk in the SIP –could get SIP 

credit; then might need to edit 

exclusionary language in 700

as previously referenced in 700; 

exclusionary language in 700 has 

been avoided; 717 on SVE will 

not be added to the SIP; reference 

to cancer risk has been removed 

3-27-09 Proposed 700 on CTGs & RACT Add language to preamble about 

recodification, etc

Ok– see revised preamble

Does “source” mean the same as 

“emission units” (stationary 

sources only) and their emissions? 

What’s the intent?

700.2 (and 714.1, etc) clarifies 

intent (“from any combination 

of...”); 700 is a catch-all for all of 

Chapter 7

The original exclusion in 700 was 

for 701 to 713, so applicability 

may be a big issue; EPA cannot 

approve an exclusion without 

seeing the specifics – it would 

look like EPA is approving future 

amendments; do not inadvertently 

exclude someone from a CTG 

requirement if it is more stringent 

than the reg or vice versa – timing 

between release of CTG and 

adoption of reg can become an 

issue; make sure CTG source 

emissions are regulated by a rule 

before excluding CTG sources 

from the determination of whether 

the emissions count towards a 

source being a major non-CTG 

source of VOCs

700 is intended to be a catchall for 

the entire chapter, not just 701 to 

713 – the language has been 

changed accordingly; “Source” is 

now defined per CTG category in 

714.4 + definitions, which contain 

exclusionary language per CTG 

category to clarify what’s 

applicable and what is not; 714.2 

contains “once in always in” 

language to avoid accidental 

automatic backsliding

VOC emissions under 718 

(MERR) and 773-778 (AIM) do 

not count as misc metal and 

plastic parts coatings when used 

for those purposes; aerosol coating 

714.4(a)(1) to (4); aerosol coating 

is already be excluded in 718;

janitorial cleaning is excluded in 

770.9
DATE TOPIC COMMENT/CONCERN RESPONSE

and janitorial cleaning should be 

excluded too

2.7 tons per year does not add 

much to 15 lb/day threshold

Removed references to 2.7 tpy

Add abbreviation for “CTG” See definitions

Much of the content of 715 on 

major source RACT should not be 

lost; there needs to be a way to 

determine whether the emissions 

count towards a source being a 

major non-CTG source of VOCs

Retained existing language in 715 

to avoid confusion; 715.1(a) has 

been updated to be consistent with 

the meaning of 715.3 

Need definition for RACT See definitions – check definition 

for RACT – it’s circular

Is the Mayor still the official in the 

DCMR who’s identified as the 

decision-maker, or should it be 

DDOE?

References to the Mayor have 

been changed accordingly to “the 

Department”

Decide on what’s required for the 

RACT proposal – a plan approval 

application? Prescontruction 

permit? Application for operating 

permit amendment?

715.5; 715.7(b)

Proposed 710 on Engraving and 

Plate Printing (BEP)

How do litho/letterpress printing 

limits from the Appendix fall 

under the CTG? Do they fall 

within the CTG exclusions? 

(CHECK BEP PERMIT)

710.11 addresses potential overlap 

for heatset ovens; otherwise, N/A 

– 710 addresses VOC content 

limits; the CTG and 716 cover % 

alcohol (dampening solution) & 

control efficiency, inlet VOC 

concentration, or enforceable PTE 

limits (inks); 710.5, 710.7, and 

710.8 include a phrase to ensure 

that both 710 and 716 limits are 
DATE TOPIC COMMENT/CONCERN RESPONSE

followed 

Do the flexography and gravure 

parts fall under the flexographic 

printing CTG? If yes, then how 

does the PTE of the individual 

presses stack up vs the CTG’s 25 

tpy threshold? (CHECK BEP 

PERMIT)

710.5(h)(1)-(4), 710.5(i)(1)-(4) 

plus 710.6 are intended to address 

the CTG for major sources; 770 

and 771 on Miscellaneous 

industrial Solvents address the 

CTG for applicable sources (>15 

lb/day) that are not major (<25 

tpy), since flexible and gravure 

cleaning materials are not 

otherwise addressed and cannot fit 

in 714 because of the presumptive 

90%

3-31-09 716 on Offset Lithography and 

Letterpress Printing

The current §716 still has value; 

must keep current provisions for 

those facilities subject to it

Retained existing language in 716 

as much as possible

Be careful about applicability 

(>25 tpy vs >15 lb/day) to avoid 

backsliding; if any facility is 

having problems meeting the 

current limits, then DDOE should 

know by now

716 – see adjustments to address 

applicability

May need to add definitions to 

799 and/or add “or letterpress” to 

existing definitions (e.g. def for 

“fountain solution” vs “dampening 

solution”) – SEE SAMPLES

Added “or letterpress” to 716 + 

definitions, where specifically 

appropriate

4-21-09 Handout on Region III’s Goals + 

Overview and General 

Background

Implement CTGs to meet the 

CAA requirements

DDOE used a default approach 

(presumptive 90% in 714 & 715) 

to address 3 CTGs, but also 

incorporated the requirements of 4 

CTGs (710, 716, 743-749, 770-

771) with attention to detail
DATE TOPIC COMMENT/CONCERN RESPONSE

Ensure that no SIP relaxations 

occur; this is why the exclusion 

list was added to the draft 700; be 

sure that current requirements are 

kept in place

Existing language was maintained 

as much as possible to avoid 

confusion; CTG categories are 

defined in 714.4; clarified 

understanding of what’s in SIP vs 

not in SIP and why clarity is 

important; for example: 716.6 –

retained both the 30% and 70% to 

prevent a SIP relaxation

National rules focus on 

manufacturers, importers, 

retailers, etc VS CTGs focus on 

end users only!! Be careful when 

mixing the two...especially within 

the proposed 700 – this is another 

reason why the exclusion list was 

added to the draft 700

710 & 716 include emission limits 

and options; 743-749, & 770-

771include 85% and options; 714 

contains presumptive 90%; + 

definitions; DDOE carefully 

addressed applicability issues 

when incorporating CTGs into reg 

Note: need to meet minimum 

CTG rqrmts; graduated 

applicability levels are typically 

based on cost; diff applicability 

levels may apply to diff aspects of 

a source

See above

4 options: (1) detailed regs per 

CTG; (2) neg decs with comment 

period; (3) proposed 700 

approach, although there are 

problems with who’s under it and 

who isn’t; or (4) add definitions to 

address exclusions, but only target 

specific CTG categories

Chose #1, #2, and #4

5-12-09 Fiberglass boats N/A – neg dec Ok; could add NESHAP to Ch 16

Adhesives and Sealants Model 

Rule & Miscellaneous Industrial 

Adhesives CTG

CHECK VERSION OF MODEL 

RULE USED BY KK vs CC vx 

JD

Final version used was identified 

as “last printed on 10-10-06”
DATE TOPIC COMMENT/CONCERN RESPONSE

Consider adding limits to chart to 

address CTG (especially since 

“use or apply” is in our reg 

already); add definitions for new 

categories

744.2 – additions were made to 

Table 1 + definitions

Make sure it’s okay to combine 

manuf/etc with end use

744.1 (sell, supply, offer for sale, 

or manufacture for sale) and 744.2 

(use, apply) were kept separate

Compare exemptions in model 

rule vs CTG (CTG exempts some 

categories from limits, but not 

work practices or application 

methods)

OK– ongoing

Can’t use the term “this rule”, 

since DCRM does not have a rule 

structure 

Replaced references to “this rule” 

with “§§ 743 to 749”

Be careful not to create an 

exemption from an exemption

745.9 and 745.10 – Adjusted 

wording

EPA added a draft section on 

“application methods” + 

definitions to address CTG

749 – Added section + 

added/revised definitions

5-13-09 Industrial Cleaning Solvents CTG EPA added 2 draft sections + 

definitions to address CTG

770 and 771 – Added sections + 

added/revised definitions; 770.4(c) 

was added to include the 85% 

option; 770.9(b) was expanded to 

include language from the CTG; 

770.9(l) only addresses cleaning 

materials, so remains separate 

from the 25tpy limits for 

flexography and gravure in 710; 

see 770.9(g) and (m) for 

additional exemptions under the 

Flexible Printing CTG – the CTG 

is covered within the Industrial 

Cleaning Solvents CTG 
DATE TOPIC COMMENT/CONCERN RESPONSE

requirements

Add definitions OK

5-15-09 Meeting w/EPA Adhesives & sealants – issue with 

CTG is categorization; rule is 

broader in scope than the CTG 

(e.g. plastic pipe welding)

743 to 749 revisions include both 

model rule and CTG 

requirements; see 744.2

Solvent cleaning – issue w/CTG = 

metal degreasing 

763 through 769 remains separate 

from 770 and 771 

Fiberglass boats – we could adopt 

the NESHAP by reference (in Ch 

16)

Neg dec + adopt NESHAP

SIP everything but the SVE 

section; move past 713 if possible

New SVE chapter is 717

SIP amendment would go beyond 

713; intent was for 700 to be a 

catch-all

700 has been corrected to be a 

proper catch-all

Case-by-case RACT section – we 

can revamp it during the next 

round of ozone SIPs

715 has been revised

Keep sections on CTGs and 

RACT separate

714 (CTGs) and 715 (RACT) are 

separate and have been revised

Still need to add definitions from 

EPA document

Check definitions

Make sure that testing, 

recordkeeping and reporting, 

monitoring procedures, etc (IBRd/ 

Ch 5) are in SIP

20 DCMR Ch 5 is in the SIP

Incorporate more language from 

original 715 in RACT chapter; 

715 doesn’t say what RACT 

See above
DATE TOPIC COMMENT/CONCERN RESPONSE

actually is; if NSR or CTG, 715 

should not apply (??)

Do not need dates in regs – then 

don’t need regulatory amendment 

Will likely include dates because 

sources will want dates

7-17-09 716 on printing Check applicability See revised 716
Proposed VOC Regulations (20 DCMR Chapter 7)

Summary of Responses to EPA Comments – Round 2

(As of October 30, 2009)

DATE TOPIC EPA COMMENT/CONCERN DDOE RESPONSE

August Neg decs, etc If, instead of doing neg decs, we want to adopt NESHAPs as 

RACT in the SIP (fiberglass boats, flatwood paneling), we need 

to check the CTG to see what it requires and identify any 

potential issues

Will probably do neg dec at this point 

– need to get reg moving 

If we do not adopt Chapter 16 at the same time as the VOC reg, 

enforceability would be the issue

OK – should be able to adopt both at 

same time

The PFC rule needs a review – there is a reference to “Secretary 

of State” in there

October 26 discussion

There are two definitions for “flow coating”, so the rules to which 

each applies need to be referred to

OK – fixed per EPA suggestion

September 19 Miscellaneous Industrial 

Solvent Cleaning

770.9 – Delete (b)(1) through (4); most refer to duplicates of 

other items in 770.9

OK

770.9 – Add new items (n) through (t) to make consistent with 

CTG and proposed (b)(1) through (4)

Missed “q” so new items are actually 

(n) through (s)

L, M, S – part of the flexible packaging 

and printing CTG is addressed in 710, 

so is referenced in “b”; see October 8 

comments (below)...

N – The AIM rule is not referenced in 

“b”, but the exclusion is already in 

714.4(a)(2), and 714 is referenced in 

“b” – DELETE – BUT, per discussion 

on 10-16-09, KEEP – 770 and 714.4(a) 

are exclusive, so the exemption needs 

to occur twice

- Also, DELETE 714.4(a)(3) - it is not 

necessary to exclude 770 and 771 

because they already exclude 714
DATE TOPIC EPA COMMENT/CONCERN DDOE RESPONSE

O – Gravure operations are addressed 

broadly in 710 (even before 

introduction of fp&p CTG elements); 

710 is referenced in “b” – DELETE 

770.9(g), (j), (k) – adjust wording to make more consistent with 

definitions

OK

Add definitions to 799 OK

771 addresses cleaning and handling Removed 771.1(a), since 714 already 

contains the work practice conditions 

in 771.2, and to make interpretation 

easier for the reader

771.1(c) – flexible packaging and 

printing – some of the fp&p CTG is 

addressed in 710 (>25 tpy), but the 

other portion related to cleaning 

materials (and >15 lb/day) is not; 

therefore, it is appropriate to refer to 

fp&p in 771.1 – KEEP

September 23 Adhesives & Sealants DC will need to pick a new date in lieu of May 1, 2009 The change will occur upon 

completion of a final draft – at this 

point, it will probably be June 1, 2010

Change category names in table to make them consistent with 

definitions

OK

745.1(g) – where is it from? – check CARB rule and add 

definition for “polyester bonding putties” and “fiberglass parts”

Section is from page 16 of the CTG –

DO NEG DEC & DELETE

745.2 – change wording to make consistent with definitions OK

746.1 – add comma OK

747.1 – add term OK

799 – modify, add, and/or underline definitions OK

September 27 Draft Sections 714 and 715 

(CTGs and RACT)

714.1 – add language about the aggregation of units within a CTG 

category; link to 714.4

OK – see revision per 10-26-09 

discussion; “§714.3” and “facility” are 

only mentioned once

CC is checking to see if both 714.2 and 714.3 are necessary – see 

October 8 comments below

OK – combined 714.3 with 714.2 and 

renumbered section, but removed 

reference to Federal CAA and added 
DATE TOPIC EPA COMMENT/CONCERN DDOE RESPONSE

“provisions of this section...or is 

federally enforceable”

714.4 – editorial suggestions OK

714.4(a)(4) – new heavier vehicles should be included here 

because they are not addressed elsewhere due to the neg dec for 

the auto and light duty truck CTG

DELETED 714.4(a)(4) – per 

discussion, since we’re doing a neg dec 

for the auto & light-duty coatings 

CTG, the exclusion is not needed; the 

category would be covered under the 

misc mp&pp CTG

714.5 – adjust language; part (c) is not the same as (a) and (b), 

which involve the coating process; (c) occurs outside of the 

coating process; it is very difficult to quantify the impact of work 

practices, so (c) cannot be its own alternative; part (d) is not 

straight-forward and would require a “determination of 

equivalency” or another analysis

Since 714.7 requires work practices 

(the requirement is a result of the 

solvents CTG), it is not necessary to 

include (c) in 714.5. Then, part (d) 

does not make sense – it does not make 

sense to require both (a) and (b). 

Therefore, AQD deleted options (c) 

and (d).

Add 714.7 to address the solvent CTG requirement for 714 

categories in 714 (instead of requiring sources to find the 

requirements in 770 and 771)

Only certain work practices would 

need to be followed, so “as applicable” 

was as added to 714.7

Add 714.8 – a facility still has to tell us what they’re doing to 

meet requirements if they follow a CTG, but without the 

extensive financial analysis, as required in 715

OK – adjusted order of section; 

removed definition for RACT in the 

reg, since RACT definition is in 799

Keep 714.9 – EPA prefers that sources below the CTG threshold 

keep adequate records to show the exemption applies

See below

771.1 – remove (a), since 714 already contains work practice 

requirements 

OK – also, the work practice “VOC 

containing materials” presumably 

includes cleaning materials

September 30 Sections 710 and 716 on 

printing

710.3 – do not need to refer to NSR (204), based on discussion OK

710.5 – adjust wording OK

716.1 – see 710.3 comment Will keep reference to 710 “as is” 

because...why not

716.4 – adjust wording OK

716.6 – check “one of” wording, since the phrase starts with “no OK – made a revision that is different 
DATE TOPIC EPA COMMENT/CONCERN DDOE RESPONSE

person”; does it make sense? than the suggested revision

716.7 and 716.8 – make terms consistent with definitions OK

716.9 – the inclusion of part (a)(3) opens a can of worms because 

it says, “a person may be granted by the Department an 

enforceable limit...”

KEEP – incorporated contents as a new 

716.11; see below

799 – add/check definitions – there seem to be differences 

between the current DCMR and the current SIP

Parts of the last round of VOC 

revisions may not have been SIP’d, but 

they will be SIP’d this round
DATE TOPIC DDOE Question EPA Comment DDOE Response 

October 8 DDOE submitted a list of 

remaining questions to EPA

708 – do we need to keep 

the section on 

“nonphotochemically 

reactive solvents”?

Deletion would probably be seen 

as a potential backslide

OK – we’ll keep the section for now, 

even though they’re not VOCs

710 – is the term “plate” in 

the title of the section 

appropriate?

Probably depends on facility 

which necessitated the need for 

710; is not an EPA issue

OK 

710.1 – we may propose 

NAICS codes that 

correspond with the 1972 

SIC codes – is that okay? 

(THEN, we decided not to)

(DC still thinks that SICs will be 

harder to implement as time goes 

on; once NAICS are incorporated 

into AFS, it may be easier to 

transition from SIC codes to 

NAICS)

Per discussion – make sure SIC 

codes include flexible package 

and printing presses; see below

Did not include NAICS codes because 

of DC’s recent experience with NSR 

draft – EPA suggested it is not 

necessary to do so

710.2 – is this section 

necessary, since we’ve 

added “in addition to any 

applicability requirements in 

716” in 710.5, 710.8, etc.?

Probably not, as long as each and 

every previous requirement in 710 

is prefaced (to avoid backslide)

Keep 710.2

710 – just to clarify, we do 

not think this section is 

RACT for 100 tpy major 

sources

See provided history of the reg –

it’s based on a DC commitment 

from 1988, and would probably 

only become an issue if we need 

to re-evaluate non-CTG sourcespecific RACT based on PTE

OK

714.2 and 714.3 – are both 

necessary?

Try combining; note that the 

difference between actual and 

PTE threshold requirements

OK – 10-26-09 discussion led to 

agreement that 714.3 is not necessary, 

since DC does not have separate 

localities or NESHAPs which could 

result in situations where 714.3 would 

make sense
DATE TOPIC DDOE Question EPA Comment DDOE Response 

714.4(a)(3) – do 770 and 

771 cover “aerosol 

coatings” (per CTG, page 

6), or is the aerosol 

exclusion elsewhere? 

Part of the aerosols CTG 

requirement is covered by the 90% 

capture & control efficiency 

(714.1), and the rest by 714.7 or 

770 & 771 or national rules, 

etc...see notes

OK

Follow-up: 770 & 771 –

Should there be more CTG 

exemptions (gel coats...)?

Not if do neg dec for fiberglass 

boats

OK

714.4 – are caps 

appropriate?

Not necessary, at least per EPA OK

714.9 – should section be 

struck or not?

Keep record-keeping requirements 

provide proof that sources fall 

below threshold so 714 does not 

apply; this is important because 

the CTG thresholds are based on 

actual emissions, not PTE or a 

design or physical characteristic; 

in fact, for the SIP, provisions 

need to be enforceable, so may 

need to make sure record-keeping 

requirements that enable EPA to 

make an informed decision are 

added to 710, 716 and 770 too

FYI: in MD, any facility that emits 

VOCs from CTG categories are 

applicable to control 

requirements!

See below

Per 10-30-09 discussion – since 

wording offered per PA example is 

vague, decided that maintaining 

records “upon request” is not too 

burdensome; per EPA, such facilities 

are probably already subject to a 

NESHAP already (historical context: 

there was a RACT fix-up or sweep, so 

affected facilities may already be 

maintaining records?)

714.8 – do sources need to 

submit a work practice plan? 

(the rqrmt was removed)

No; 714.7 requirement to do work 

practices should be fine

OK – also, work practices are difficult 

to monitor and enforce
DATE TOPIC DDOE Question EPA Comment DDOE Response 

715.1(a) – is just saying 

“PTE” okay?

See provided history of the reg 

and suggested changes

We intend for 715.1 to apply to the 

section, not the chapter, and do not 

want to add another definition for PTE 

(it’s already defined in Title V and Ch. 

1); plus, DC will probably never have a 

source that EPA is trying to consider 

with the proposed scenario; we do not 

want to overcomplicate the rule for the 

industry regulated by DC; instead, if a 

large VOC emitter came to DC, we could interpret RACT and deal with 

any ambiguity through the permitting 

process – please see suggested changes

Per 10-30 conversation – Include a 

“once in, always in” provision 

tailored to the CTG requirements 

to address 715.1 change from 

“chapter” to “section

710 – see 710.1(b)(1)

714 – 714.2 used as model 

715 – n/a

716 – see 716.2

770 – see 770.2

715.2 – is this section 

supposed to refer to 

“theoretical PTE”?

See provided history of the reg

and suggested changes – there’s a 

difference between PTE for NSR, 

and PTE for VOC RACT (i.e. 

after vs before controls; any vs 

operational limits)

Include a “once in, always in” 

provision tailored to the CTG 

requirements to address 715.1 

change from “chapter” to 

“section”

Per conversation on 10-27-09, it’s okay 

to simply delete 715.3 – We do not 

believe that it is necessary to include 

“in the future” in 715.2, even though it 

was in 715.3; the reg is applicable once 

a facility reaches the limits, period

715.2 (after comments) –

Should we add a definition 

for “federally enforceable” 

to substitute: “Federal Clean 

Air Act (42 U.S.C. 7401 et 

OK Added def in 799
DATE TOPIC DDOE Question EPA Comment DDOE Response 

seq.)”

715.7(a) – can’t we delete 

reference to the definition 

for RACT?

Yes – definition is in 799

715.7(d) – which is the most 

up-to-date version of the 

OAQPS manual?

Change reference to 2002 version 

(sixth edition)

OK

716.6 – the equation and 

definitions do not match!

Use formula from 747.5; both 

regulate composite pressure, and 

747.5 equation would allow more 

than one exempt compound to be 

considered and adds the ASTM 

methods in the defs of components

OK – changed equation

716.6(b) – do you mean 

“one” or “both”?

Depends on phrasing – intent is 

one or the other

OK

716.9(b) – DDOE staff 

would like to include section 

b...but would it be okay to 

do so without the time 

limits?

Provision remains optional; if do 

so, make sure timing allows for 

EPA to approve source-specific 

SIP provisions prior to or with 

approval of 716, because EPA 

cannot enforce “b” until it’s in the 

SIP; could place in preamble

If the provision is in the preamble, it 

would not be enforceable; (a) conflicts 

with PAL of NSR, but perhaps only if 

the threshold was 50 tpy and not 25 tpy 

– KEEP as 716.11

Per 10-30-09 discussion – any SIP 

revision per (now) 716.12(c) would 

theoretically occur before the reg is 

active, so keep part (c); before reg is 

published, determine if any DC sources 

will be affected and coordinate with 

them!

716.9 (no 716.11) – Why 

does “once in, always in” 

apply here – doesn’t that 

throw out PAL of NSR?

The two provisions do not mesh 

together – if you go through NSR, 

the permit is federally enforceable 

because of operational or physical 

changes; this is different than 

imposing VOC RACT on existing 

sources

716.11 – is it safe to assume 

the CTG intends to cover 

Yes – the CTG’s use of the word 

“press” was intended in the 

OK
DATE TOPIC DDOE Question EPA Comment DDOE Response 

both offset lithographic and 

letterpress printing? It just 

refers to “heatset presses” 

for this requirement

context of what was being 

controlled in the first place

744.2 – does the 500 limit 

work for “plastic cement 

welding”, even if the OTC 

rule and CTG both include a 

limit of 510?

The CTG has 500 for “plastic 

solvent welding”, and the OTC 

rule has 510 for a similar “plastic 

cement welding”; EPA is not 

concerned about a 10 g/l 

difference

Will stick with 500 limit, since EPA is 

not concerned about minor differences 

745.1(g) – this section can 

be deleted if we do a neg 

dec for fiberglass boats, 

correct?

Yes – correct OK – deleted 745.1(g)

770.4(c) – any ideas on how 

to word the phrase to make 

it make sense – am not 

having any luck

See EPA suggestion OK 

770.5 – Is section repetitive 

with 770.2? Are both 

necessary?

770.2 IBRs a method, and 770.5 

dictates what the method is used 

for; per discussion with EPA, it 

may be okay to delete 770.2, since 

Method 24 is already IBR’d in Ch. 

2 or 5, but check DC’s 

administrative requirements

Both need to be kept; 770.2 is IBR’d 

elsewhere in Chapter 7, but the IBR 

does not specifically mention Method 

24. 

770.5 needs to be articulated – is (c) 

supposed to apply to both (a) and (b)?? – YES; see proposed language

700.2 – to clarify meaning, the term 

“overall uncontrolled VOC emissions” 

was changed to “uncontrolled VOC 

emissions are reduced by at 

least...90% overall capture and control 

efficiency”

770.9 – Aren’t some of the 

exclusions (parts l, m, n, p, 

s) already referenced in part 

b?

Check CTGs

P – Probably should o

P – Deleted – See September 18 

comments (above)

N – KEEP – See September 18 
DATE TOPIC DDOE Question EPA Comment DDOE Response 

comments (above)

L, M, S – the inks, coatings, and 

adhesives portions of the CTG for 

sources >25 tpy is covered in 710, so 

are addressed in b and should be 

deleted from 770.9...but the cleaning 

material portions for sources >15 

lb/day are not AND SHOULD NOT 

BE EXEMPT because they should be 

addressed by the solvents CTG (and 

thus by 770 and 771) – DELETE –

BUT, per discussion on 10-16-09, 

there are no vapor requirements 

(770.4) in the fp&p CTG, so it is not 

necessary for 770.4 to apply to fp&p 

cleaning materials – KEEP L, M, S

L & M & S – Need to make sure 

the SIC codes in 710.1 include 

sources impacted by the Flexible 

P&P CTG (per discussion – and 

then delete l & m?) or, per 

discussion, could consider a neg 

dec for flexible p&p with an 

exception

Do not need SICs in 710; instead, 

facility descriptions are written out in 

799 definitions for “flexible 

package...”

For now, will not consider neg dec

with an exception 

771 – check solvents CTG 771.2 – Per discussion on 10-16-

09, delete “used in processes 

subject to 770.9” – doesn’t make 

sense to be subject to 770 and 

770.9

OK – and keep 771.1(b) to address the 

portion of the fp&p CTG that is not 

addressed in 710

777.1 to 777.6 – edited language to 

make each section consisten

770 & 771 – is the 85% 

requirement from the CTG 

included?

The 85% requirement is in 

770.4(c)

OK 

770.6 – changed the reference in part 

(c) from 708.11 to 770.6(b)

773 to 778 – is the 85% 

requirement from the CTG 

773 to 778 is very specific to AIM 

categories; no CTG applies here 
DATE TOPIC DDOE Question EPA Comment DDOE Response 

included?

799 – Is there a better 

definition for RACT, since 

the previously suggested 

definition is circular?

The suggested definition for 

RACT is the same definition used 

in the District’s 715.7, which is 

the same definition used by EPA 

since 1978

OK 

October 26 PFCs Dates indicate that second version 

of OTC model rule (for rules 

adopted after July 1, 2007) was 

not adopted

OK – see corrected version; this takes 

care of improper references to 

“Secretary of State”

Consumer Products Adoption looks okay

October 29 Follow-up to 10-26 

discussion – requirements for 

actual emissions vs PTE

See accepted recordkeeping 

provision for CTG rules having a 

15 lb/day actual emissions cutoff

710 – n/a; no rkdkpg provisions 

necessary b/c no 15 lb/day cutoff

714 – see 714.1 and 714.8

715 – n/a

716 – see 716.1(b) and (c) and 716.18

770 – see 770.1 and 770.10; see 771.1 

and 771.3

Provided a conceptual outline for 

rules with theoretical 25 tpy PTE 

thresholds 

710 – see 710.6; calculations of PTE 

should be made pursuant to 715

714 – n/a

715 – see 715.1 through 715.3

716 – see 716.1(a); calculations of PTE 

should be made pursuant to 715

770 – n/a

Applicability sections of CTG 

rules will need to be modified to 

require sources claiming they are 

below the 15 lb/day threshold to 

keep minimum records

710 – n/a

714 – see 714.1(b) and 714.8(b)

715 – n/a

716 – see 716.1(c) and 716.18 (b)

770 – see 771.1(c) and 771.3(b)

October 30 Wrap-up 745.3 and 745.4 – Less than 

15 lb/day exempts from all 

standards (could emit 100 

lbs/day), so what’s the value 

of a 200 lb/yr exemption 

There may be situations where a 

stronger limit is needed (200 lb/yr 

is more stringent that 15 lb/day, 

which would equate to about 5400 

lb/yr)

OK with model rule as written for now
DATE TOPIC DDOE Question EPA Comment DDOE Response 

(ex: exempts small auto 

body shops) DC could craft a different 

applicability for a specific 

industry (like auto body shops); if 

do so, consider both sections & 

any meshing with MERR; be 

careful not to mix time frames, 

and be careful about 

recordkeeping (daily requirement 

would be more burdensome than 

monthly)
Proposed VOC Regulations (20 DCMR Chapter 7)

Summary of Responses to Public Comments

As of January 2010

All comments were received after the official close of the initial comment period. All commenters have been added to a special 

listserv and will be sent the proposed rule when published in the DC Register. 

PERSON/ CONTACT INFO QUES TIONS/ COMMENTS DDOE RESPONS E

Ann Meiner

U.S Department of Commerce

301-975-2921

Concerned about application to foreign products – discussed 

applicability and what companies need to do.

Responded to questions about variances, sell 

through provisions, and exceptions; no changes 

required

Dylan Fuge

Latham & Watkins

202-637-2391

Calling on behalf of clients to clarify some issues Responded to questions regarding the applicability 

to cosmetic products, sell through provisions, 

variances, and compliance/enforcement; no changes 

required

John Hoertz

U.S. Air Force, Regional 

Environmental Officer

404-562-4210

Submitted written comments concerning the applicability of the 

rules on military HAZMAT pharmacies (they distribute many 

paints, adhesives, and sealants under the VOC rules). Requested 

that military HAZMAT pharmacies be exempt, or not 

considered/defined as “suppliers.” Sent comments to AQD to 

discuss.

Responded to questions about sell through dates, 

retailers, consumer products applicability and 

labeling, and coding for adhesives. However, 

DDOE decided not to grant an exception to military 

HAZMAT pharmacies. 

MD is not granting the same exemption request, but 

VA did grant the exemption. 

Joe Yost

Consumer Specialty Products 

Association (CSPA)

202-833-7325

Questions about different consumer products VOC standards, 

exemptions, and sell through periods.

Responded to questions; no changes required

Doug Raymond

Represents Honeywell, Dupont, AGC, 

etc.

Questions about VOC definition and sell through dates for 

electronic cleaners.

Responded to questions; no changes required

Marnie Moore

Larkin Hoffman, PC

952-835-3800

Questions about VOC standards for different consumer products, 

exemptions and sell through dates. 

Responded to questions; no changes required. Will 

seek variances for certain products. 

? Consider adding California’s enhanced vapor recovery (EVR) 

standards

The new rule states that vapor system technology 

(VST) Phase II EVR Systems should be at least 95 
PERSON/ CONTACT INFO QUES TIONS/ COMMENTS DDOE RESPONS E

percent efficient and not exceed 0.38 lbs 

hydrocarbons per 1000 gallons of gas transferred. 

The current regulation refers to 90 percent 

efficiency (not vacuum assist) and 96 percent 

efficiency (with vacuum assist). No action was 

taken.

Kathy Prunti

EPDM Roofs

301-654-5090

Bill Schneider

ERA (EPDM Roofing Association)

717-245-7000

Concerns about single ply adhesives, primers, and sealants. 

Limits too low and cannot be maintained in colder climates

DDOE requested information to aid in decisionmaking on roofing request. Seth Barna of OTC was 

able to fax a copy of a confidential memo from 

EPDM to OTC, which contained information on 

roofing in DC.

The proposed phase-in (sunset provision) is similar 

to the approach being taken by other OTC states. 

No change was required.

Frances Woo

Personal Care Products Council

202-466-0495

Reporting requirements for date codes on consumer products

The Proposed Rule, 20 DCMR 732.7, says that manufacturers 

must provide an explanation of the date code no later 12 months 

before the applicable standard goes into effect. Since the rules 

are proposed to take effect on January 1, 2009, the date code 

reports are due now

Our rules were not final at the time of the call.

Several other states have not finalized the rules 

either, even though the date code explanations were 

due by January 1, 2008. Although we cannot 

officially make them file the date code explanations 

before the rule is final, it would be easier for the 

manufacturers to file them all at once. So, Ms. Woo 

was calling to let us know that we should be 

expecting some date code reports in accordance 

with the proposed rule. No action was taken.

David F. Darling, P.E.

Director, Environmental Affairs

National Paint and Coatings 

Association 

202-462-6272

The DC AIM rule (Section 753) requires annual reports for clear 

brushing lacquers; rust preventatives; primer sealer undercoaters; 

perchloroethylene/methylene chloride; recycled paint and 

bituminous roof coatings. NPCA requested on behalf of their 

members a waiver from these burdensome "automatic" annual 

reporting requirements. These requirements originated from the 

CARB 2000 AIM Suggested Control Measure and were 

subsequently included in the OTC "model rule", but only two 

OTC states actually adopted the requirements. In October 2007, 

CARB deleted the requirements from the 2007 AIM SCM. 

Change to reporting requirements was made in 

response to comments

Christopher Dugan

Printing Industries of America

Asked whether we’re adopting regs based on the 2006 CTG for 

lithographic printing. His concern is that he has talked to many 

states that are developing regs and from what he has seen and 

heard there have been variations in interpretations of the CTGs. 

Told him we were just beginning to develop the 

regulations; no action was taken.
PERSON/ CONTACT INFO QUES TIONS/ COMMENTS DDOE RESPONS E

IPA is working with EPA to develop a model rule based on the 

CTG, hoping that states will use the model rule and so have 

consistency between states. The model rule language should be 

done before the end of the year but he doesn’t know when EPA 

will be able to get it into the FR. He thinks he’ll be able to share 

the model with us informally, before it appears in the FR.

CRC Industries Called to discuss what DDOE is doing about the consumer 

products rules compliance date; she has seen several states’ 

recently proposed rules (maybe IL and DE) and they are putting 

in a May 2009 kind of time frame

At the time of the comment, the compliance dates 

were still to be determined (TBD); date will be later 

than May 2009

Michael S. Graboski

American Rental Association

ARA’s members are stores that rent tools and equipment for 

contractors and the general public. They are trying to understand 

various regulations related to PFCs. EPA has implemented a 

national regulation covering low permeation spill proof 

containers for gasoline diesel, etc. The rule is directed at 

manufacturers and does not place any requirements on cans that 

were purchased prior to January 1, 2009. How will in-use fuel 

containers be regulated in DC? (For example: a member rents 

chainsaws. To protect his equipment, he provides a fuel can 

containing two cycle oil-gas mixture. Are the fuel cans exempt, 

or are they subject to enforcement?)

In response to the word “supply” in the PFC model rule, 

Graboski contacted CARB, and they told him the rule applies 

only to manufacturers. (CARB’s email stated: “Although the 

California Regulation concerning Portable Fuel Containers has 

been in place since 2001, our requirements are similar to that of 

EPAs. The Regulation applies to the sale of these containers.

In-use applications are not addressed.”)

The chainsaw company can continue to use existing 

PFCs that are already in-use, but they cannot obtain 

new PFCs that do not meet the requirements of the 

regulations unless they meet the exemptions in 

section 737 of the current rule (753 in the proposed 

rule); no action taken

Brian Dolansky

Simon Roofing

Asked a general question about the District’s AIM rule and when 

we expect to finalize it

Responded to question; no action taken

R. Ciemniecki

Bel-Ray Company, Inc.

Asked a general question about DC’s consumer products 

regulation

Responded to question; no action taken

? DDOE Director received a call asking about the adhesives and 

sealants rule

No information for follow-up

Heidi McAuliffe

National Paint and Coatings 

Association

202-719-3986

NPCA indicated a problem with the industrial adhesives rule 

stemming from the OTC Model Rule. In the OTC Model Rule, 

there is a very clear and definite sell-through for the “sale, 

supply, and offer for sale” of products manufactured prior to the 

Parts of rule are applicable 6 months after final rule 

is published (e.g. see §744.2) to address this 

concern
PERSON/ CONTACT INFO QUES TIONS/ COMMENTS DDOE RESPONS E

effective date of the rule. But, there is no similar sell-through for 

the “use and application” of adhesives products that are 

manufactured prior to the effective date. The product, if 

manufactured prior to the effective date, is compliant when it is 

manufactured or sold, but becomes non-compliant when it is 

used or applied. One problem that is apparent is that there will 

be a product on the retail shelves that will likely have to be 

discarded and added to the hazardous wastestream.

Neal Mohlmann

Bureau of Engraving and Printing

DDOE provided BEP with a copy of the lithographic and 

letterpress printing CTG. BEP said they’d have difficulty 

complying with the CTG portion on letterpresses, since they use 

solvents with vapor pressures greater than 10mm of Hg and/or 

they may be considered greater than 70%VOC. They do not 

think that they can meet the yearly 110 gallon limit for these 

solvents. 

BEP’s Web heatset Offset Press 043 (PID 10) meets the 

conditions that do not require emission control because the total 

emissions are well below 25 tpy, which would enable them to 

remove the control device. 

Intaglio is not specifically addressed in the CTG, but intaglio 

presses are cold-set, sheet fed. The same rational about VOC 

emissions applies equally to intaglio as with other cold-set, sheet 

fed presses (see pages 14-15 of the CTG). If DDOE agrees, then 

this could be reflected in new regulations.

DDOE responded that preliminarily, we do not plan 

to apply the CTG to intaglio printing. We plan to 

keep it covered by 20 DCMR 710, which would 

only be slightly modified (mainly to incorporate the 

referenced appendix directly, rather than as a 

reference). We are modifying 20 DCMR 716 to 

cover letterpress printing as well as lithography and 

to take into account the CTG’s requirements for 

both.

Joe

Zenex International (Cleveland, OH)

Called about chlorinated solvents; are we adopting the consumer 

products model rule? 

We are adopting OTC’s model rule; no action taken

Bill Geibel

Printing Industries of America

412-259-1779

Called about printing and sent draft lithographic printing and 

letterpress printing model rules; would be interested in 

commenting on any draft VOC reg related to L&L printing

Added Mr. Geibel to VOC listserv
20 DCMR Chapter 7, Proposed VOC Regulations

COMMENT PERIOD: AUGUST 13, 2010, TO SEPTEMBER 13, 2010

(AS OF OCTOBER 19, 2010)

Response to Comments*

* Please note that comments in this document are paraphrased

1. Kathie J. Tryson, Willert Home Products, September 8

Comment 1a: Willert objects to the prohibition of paradichlorobenzene (PDCB) solid air fresheners and 

toilet/urinal care products in the District. They request that the current Consumer 

Products exemption in §721 be maintained and expanded to include the new category of 

Toilet/Urinal Care products. See suggested revision to §721(h).

Response 1a: The OTC Model Rule does not grant the requested exemption, and the Department is not 

aware of others states that have granted the requested exemption. Therefore, the 

Department does not find reason to grant the exemption.

Comment 1b: If the exemption is not maintained, Willert requests that the new regulation clarify that 

the amended VOC standards do not apply to products manufactured before the effective 

date, as indicated by the date code on the product

Response 1b: MDE’s regulation1includes a one-year sell-through for products containing PDCB that 

were manufactured before January 1, 2009. VDEQ’s regulation does not currently 

address PDCB in toilet/urinal care products. 

The Department will retain the current exemptions as written in §721 for insecticides and 

solid air fresheners that contain PDCB, but will adopt language in §729 to include a oneyear sell-through for solid air fresheners or toilet/urinal care products manufactured 

before March 1, 2011, as requested and considered “optional” under the OTC Model 

Rule.

2. Jim Sell, American Coatings Association (ASA), September 13

Comment 2a: The emission limits for VOCs from extreme gloss, high gloss, and antifoulant coatings 

recommended in the Misc. Metal and Plastic Parts Coatings CTG are too low, 

considering performance requirements of pleasure craft coatings; they present 

technological and feasibility challenges.

Response 2a: The Department left a message with ACA and did limited research, but remains unaware 

of any pleasure craft coating activities in the District, so does not find cause to revise 

§714, which adopts the Miscellaneous Metal Product and Plastic Parts Surface Coatings 

CTG.

3. Thomas F. Myers, Personal Care Products Council, September 13

Comment 3a: Revise §719 to be consistent with the OTC model rule. DDOE’s rule omits an important 

reference to the exemption section (§721) of the rule; simply adding a phrase will provide 

much needed clarity

 

1

http://www.dsd.state.md.us/comar/comarhtml/26/26.11.32.10.htm
Response 3a: DDOE added an applicability section (§719) to the model rule. Section 721 only allows 

for exemptions from the Table of Standards in §720. Section 720.1 begins with the 

phrase, “Except as provided in §§ 721, ...,” so the Department believes the regulation is 

clear as written and already addresses the commenter’s concern. 

Comment 3b: Include a provision from the OTC Model Rule that products manufactured before the 

effective date of the new VOC limits may still be sold in the District in order to avoid any 

confusion about potential sell-through limitations.

Response 3b: Both MDE’s regulation2and VDEQ’s regulation3do include a sell-through provision 

similar to OTC Model Rule Section 3d. Please note, however, that the addition of the 

sell-through provision is only intended to remove any possible ambiguity regarding the 

sale of products manufactured before the effective date; the commenter acknowledges 

that §719.1 does firmly state that the VOC limits apply to products manufactured on or 

after the effective date specified in the Table of Standards.

To clarify the intent of the regulation, as requested by the commenter, §§ 720.2 and 720.3 

have been added to include the sell-through provisions of the OTC Model Rule.

Comment 3c: PCPC recommends clarifying which consumer products are included in an ACP. Amend 

the rule to ensure that a manufacturer with an approved ACP in California that includes 

one or more products not regulated in the District (i.e. if it is not in the §720, the Table of 

Standards) would not inadvertently be denied an ACP in the District

Response 3c: See Response 6e. The Department has revised §§ 721.1(l) and 735.2 to address the 

commenter’s concern. 

Comment 3d: Provide a reasonable time for companies to explain date codes. PCPC suggests removing 

the “twelve months prior” language in §732.7 to allow companies more time to comply 

with the date code reporting requirements, among other approaches. 

Response 3d: The OTC Model Rule has been proposed by states throughout the region, and §732.7 was 

initially posted for public comment as written in 2007, so the Department does not 

believe it is unreasonable to require date code explanations by March 1, 2011. The 

language of §732.7 has been revised to remove the “twelve months before” requirement, 

as suggested. 

Comment 3e: PCPC urges DOE to consider applying §732.7 date code reporting requirements to only 

those companies that have not previously submitted a date code explanation. 

Response 3e: The Department believes this is a reasonable request and has revised §732.7 to indicate 

that manufacturers who have previously submitted a date code explanation for a 

consumer product do not have to do so again.

4. Kerry C. Stackpole, Printing and Graphics Association Mid-Atlantic (PGAMA), September 13

 

2

http://www.dsd.state.md.us/comar/comarhtml/26/26.11.32.04.htm

3

http://www.deq.state.va.us/air/pdf/airregs/4503.pdf
Comment 4a: §708.1 – PGAMA requests that the section on nonphotochemically reactive solvents be 

removed from Chapter 7 because it appears to be setting a limit on chemicals that are 

exempt from the definition of VOC.

Response 4a: The Department still believes that removal of §708.1 at this time would be considered 

backsliding. Although in the preamble, we say that “nonphotochemically reactive 

solvents are not technically VOCs,” it is possible that there may be VOCs that are 

nonphotochemically reactive. For example, there are compounds (e.g., acetone, 

methylene chloride, perchloroethylene) that were considered to be VOCs until industry 

was able to prove that they were negligibly photochemically reactive. Only then did EPA 

move them to the list of exempt compounds. EPA’s definition of VOC, which is 

incorporated by reference in §799, refers to “virtually any compound of carbon” except 

those that are considered to be exempt. 

Section 708.1 does not regulate compounds that are exempt from the definition of VOC. 

Rather, it controls VOCs that are nonphotochemically reactive but are also not exempted 

from the definition of VOC.

Comment 4b: Section 710 is confusing and needs revision. The title of the section, “Engraving and 

Plate Printing,” does not clearly identify that the section’s requirements can also apply to 

other printing operations. The section appears to be dedicated to a specialty printing 

process called intaglio.

Response 4b: Section 710 preserves existing provisions that are part of the District’s SIP. As 

mentioned in the preamble, Section 710 has a history and, “the District intends for the 

regulation to apply to relevant commercial printing units.” To be more specific, in 1985, 

§710 was submitted to EPA for approval into the District’s SIP. The purpose of the 

regulation was to adopt a RACT rule for sources in the District not subject to a CTG, and 

one of the non-CTG source categories identified was engraving and plate printing. The 

Department had and still is aware of only one source in this source category: the Bureau 

of Engraving and Printing (BEP). When EPA approved §710 into the District’s SIP in 

1992, they noted that the approval addressed, “the District’s non-CTG regulation for heat 

set intaglio, non-heatset paperwipe intaglio, nonheatset cylinder-wipe intaglio, offset 

lithography for both heatset and nonheatset, letterset and letterpress printing operations.” 

At the time, BEP was engaging in these types of printing operations.

The commenter is correct to note that the section addresses intaglio printing, which is 

typically used to print paper money and other similar securities. It is not a common 

process, but does occur in the District. But, the section does not only address intaglio.

The Department agrees that the title of §710 is no longer accurate. After much 

contemplation, it has been decided to move the parts of §710 that refer to lithographic 

and letterpress printing to §716, as suggested by PGAMA. As a result, §710 will apply to 

three specific types of printing: intaglio, flexographic, and rotogravure. The title of §710 

has been changed to reflect the content of the proposed amendment.

Comment 4c: §710.1 – Flexographic and rotogravure printing should not be included in the 

applicability section because they are not the same process used for Engraving and 

Platemaking Printing.
Response 4c: As mentioned in the preamble, control recommendations and emission limits from the 

Flexible Package Printing CTG were added to §710 and will remain there. As noted in 

Response 4b, however, the title of the section has been revised to more accurately reflect 

the content of the revised amendment.

Comment 4d: §710.1(b) – The section does not refer to lithographic printing, but includes the phrase 

“petroleum ink oil,” which is a VOC component of ink used only in lithographic printing.

Response 4d: PGAMA is correct to note that §710.1(b) refers to flexographic and rotogravure printing, 

neither of which use “petroleum ink oil.” The phrase, which refers to an ink used only in 

lithographic printing, has been deleted from the section.

Comment 4e: §710 – There are several additional requirements addressing fountain solutions and inks 

used in lithographic printing, but it is not clear how the requirements are to be applied

since there is an entire section, §716, dedicated to controlling emissions from lithographic 

printing.

Response 4e: See Response 4b for additional perspective on §710, a regulation originally designed to 

address operations at BEP. Lithographic printing occurs at BEP. This is why 

lithographic printing was addressed in both §710 and §716. 

As with any regulation, if a source meets the applicability requirements of a section, the 

source must meet the regulatory requirements of that section (i.e. both sections). 

Nonetheless, the comment has been addressed, and the regulation simplified, by the move 

of parts of §710 to §716.

Comment 4f: §§ 710.9 and 716.5 [§716.6 after recodification] – The sections set out different 

requirements for the allowable VOC content in lithographic printing operations. Section 

716.5 [§716.6] is consistent with the CTG; §710.9 needs to be deleted. There is no 

information in §710 or §716 that guides the printer as to which requirement takes 

precedence.

Response 4f: When revising the regulations, the Department tried to maintain existing provisions as 

much as possible. Once a regulation is adopted into a state implementation plan (SIP), 

elements cannot simply be deleted. This is why §710.9, which applies after December 

31, 1987, and was part of the previous regulation (as part of Appendix 7-1), remains in 

the proposed regulation.

As PGAMA points out, both §§ 710.9(a) and 716.5(b)(3) [§716.6 after recodification] do 

address VOC content used in heatset offset web lithography printing. The Department 

would like to point to subtle distinctions between the sections. Section 710.9 was 

intended to apply to the VOC content of dampening solutions at BEP since 1987. Section 

716.5 [§716.6] only applies after March 1, 2011, and VOC content is only a factor IF an 

alcohol substitute is used to achieve an equivalent level of control as §§ 716.5(b)(1) or (2) 

[§716.6]. The limits in §§ 716.5(b)(1) and (2) [§716.6] address alcohol content of 

dampening solution, not VOC content. In other words, technically, there are separate 

requirements for allowable VOC content, versus alcohol content of the dampening 

solution.

Upon reflection on apparent confusion by the printing industry about references to both 

§716 and §§710, the Department has moved parts of §710 (including §710.9) to §716, 
and added clarifying language. Specifically, note that §710.9 has been moved to §716.5 

[§716.6], and is applicable “prior to March 1, 2011” for units “in existence as of 

December 31, 1985”, in contrast to §716.6 (the previous §716.5), which is applicable 

“after March 1, 2011”.

Comment 4g: Section 710.1(b) refers to conditions in §710.2 that need to be met, but §710.2 does not 

contain any conditions to be met.

Response 4g: Section 710.1 begins with the phrase, “Except as provided in §710.2, it shall be 

prohibited to operate...” Section 710.1(b) does not directly refer to §710.2. 

Section 710.2 contains language from the existing regulation; it retains existing 

regulatory provisions. It means that if conduct occurring in relation to a printing 

operation is not regulated by §710, §710 does not exclude that conduct from regulation 

elsewhere. For example, the handling of miscellaneous clean-up and VOC materials at 

operations subject to §710.1(b) are subject to §§ 770 and 771; the conditions in §§ 770 

and 771 would also need to be met.

Comment 4h: To avoid confusion, lithographic and other types of printing should not be regulated 

under §710. All requirements for lithographic and letterpress printing should be 

contained in §716.

Response 4h: See Response 4b. The Department has moved the lithographic and letterpress portions of 

§710 to §716.

Comment 4i: Section 710.2 implies that if a printer is subject to §710, then it is not subject to any other 

section of the VOC requirements.

Response 4i: See Response 4g. Section 710.2 contains language from the existing regulation, retains 

existing regulatory provisions, and actually states the opposite – that “if part or all of any 

printing operation” is not controlled by §710, then it shall be subject to other sections. 

The implication, according to the commenter, is not stated and is not correct. 

Comment 4j: §710.3 – The section serves no clear purpose, so should be deleted.

Response 4j: Section 710.3 contains language from the existing regulation; it retains existing 

regulatory provisions. It is intended to clarify that §710 as a whole only regulates certain 

operations at a facility or plant in which certain types of printing are conducted and does 

not excuse other ancillary operations from other applicable provisions. For example, an 

ancillary operation involving the use of a cold cleaning machine at any operation subject 

to §710 would also be subject to §§ 763 through 769.

Comment 4k: §710.4 – The section serves no clear purpose, so should be deleted to avoid confusion.

Response 4k: As mentioned in the preamble, §710.4, which refers to §§ 710.5 through 710.9, 

incorporates and retains the provisions of Appendix 7-1 from the existing regulation. 

Comment 4l: §710.5 – The VOC content limits for lithographic inks are not required by the CTG, so 

must be deleted.
Response 4l: Section 710.5 contains language from the existing regulation. The limits for lithographic 

inks apply to BEP, the only facility which meets the applicability criteria of §710.1(a). It 

does not matter that the limits are not part of the CTG guidance.

Comment 4m: §710.6 – The section refers to PTE calculations in §715, but does not specify what 

specific part of §715 is being referred to. Consider suggested revision.

Response 4m: As suggested, the reference to §715 has been changed to §715.1.

Comment 4n: §710.8 – The reference to §716 is not necessary; consider suggested revision.

Response 4n: Since publication of the proposed regulation, the Department has learned that “wiping 

solution” is unique to intaglio printing, so reference to §716 does not make sense in this 

context. The suggested revision has been made.

Comment 4o: §710.9 – The section is confusing and unnecessary and should be deleted.

Response 4o: See Response 4f. Section 710.9 was intended to apply to BEP. It retains existing 

provisions, which are part of the SIP, and cannot simply be deleted. It applies to 

dampening solutions used in offset lithographic printing operations. The section has been 

moved to §716 to minimize confusion. Note that the “new” §716.5 (which states “prior 

to March 1, 2011”) applies only to major sources. 

Comment 4p: §710.17 [§710.15 after recodification] – The section serves no clear purpose and should 

be deleted or revised to remove references to “emulsions,” as suggested.

Response 4p: §710.17 [§710.15 after recodification] contains language from the existing regulation to 

retain existing regulatory provisions. The Department has since learned that the source 

that §710 initially applied to, BEP, no longer uses emulsions, but does not believe it is 

necessary to revise the section because it already refers to “emulsions or other materials.”

Also, the section begins with the phrase, “To the greatest extent feasible.” The 

Department does not believe it is necessary to add, “when technologically and 

economically feasible,” to the end of the sentence, as suggested.

Comment 4q: §715 – Appropriate retention factors and capture efficiency factors specific to 

lithographic printing need to be included in the rule, as suggested.

Response 4q: Section 715 applies to major sources only – those with a theoretical PTE of 25 tpy or 

more. The Department has no intention of making the section specific to any specific 

industry, so does not agree that printing specifics need to be added to the rule.

Comment 4r: §715 – The section needs to be revised to recognize EPA guidance on how to calculate 

actual and potential emissions from printing operations.

Response 4r: See Response 4q. 

Comment 4s: §716.1(a) – The section needs to be clarified; does the threshold apply on a facility-wide 

basis or per press? Consider suggested revision.
Response 4s: This applicability provision is part of the SIP in force prior to the amendment. However, 

the commenter has a point. 

The definition of “source” can be found in 20 DCMR 199: “any property, real or 

personal, which emits or may emit any air pollutant. For purposes of sources affecting 

non-attainment areas and permits for the sources under §204 of this subtitle, the term 

includes both plants and each individual piece of process equipment.”

The definition of “printing operation” can be found in 20 DCMR 199: “each operation 

used in connection with printing, including, but not limited to, the printing itself, ink 

manufacture, ink mixing, preparing, and packaging the printed product and disposal of 

the waste.”

The Department intends for §716.1(a) to apply to any such printing operation (i.e. the 

press and its associated processes) that meets the threshold, as suggested, and has deleted 

the words “that is part of any source” to clarify this intent.

Comment 4t: §716.1(b) and (c) – The thresholds should be changed from 15 lb/day to 3 tpy, as 

suggested; a 15 lb/day threshold would require daily recordkeeping, which would be 

burdensome.

Response 4t: The Department does not believe it is necessary to change the form of the threshold, 

which was suggested in the Offset Lithographic and Letterpress Printing CTG, which did 

go through a public notice and comment period. The rule is an ozone season rule. This is 

why there is a per day standard; a per year standard would not sufficiently control 

emissions during ozone season.

Comment 4u: §716.3 – The CTG does not support regulating coating operations at lithographic printing 

operations, so consider suggested revision.

Response 4u: Section 716.3 retains existing provisions in the SIP.

The Lithographic and Letterpress Printing CTG (pages 7 and 8) explains that varnishes 

are unpigmented offset lithographic inks, and they generate about the same emissions as 

offset lithographic inks. Coatings used on offset lithographic presses are predominantly 

waterbased or radiation cured, and generate minimal VOC emissions. EPA recommends 

that varnishes and coatings used on offset lithographic presses be considered part of the 

printing process, and not be considered as a separate process.

See the definition for “printing operation” in Response 4s. By using the term “printing 

operation” instead of “printing press” in 716.3, the Department believes that varnishes 

and coatings are already included as part of the operations “specifically controlled by the 

requirements of this section.” 

Comment 4v: §716.5 [§716.6 after recodification] and §710.9 – See Comment 4o.

Response 4v: See Responses 4f and 4o.

Comment 4w: §716.5(b) and (c) [§716.6 after recodification] – The phrasing of the sections is confusing 

and appears contradictory; consider suggested revisions.
Response 4w: The language was retained from the previous regulation and the CTG. The language is 

not contradictory, but is somewhat repetitive. Parts (b) and (c) are best read with the 

opening phrase of §716.5 [§716.6 after recodification] – if the limit in (b) or (c) is 

exceeded, then option (1) is to go below the limit in (b) or (c). 

Comment 4x: §716.7 [§716.8 after recodification] – Clarify if the “source” is an individual press or an 

entire facility; consider suggested revision.

Response 4x: See Response 4s. The term “in any source” in part (a) has been deleted to avoid 

confusion.

Comment 4y: §716.9 [§716.10 after recodification] – The exemption should apply to §716.7(a) and (b);

consider suggested revision.

Response 4y: Section 716.7(a) [§716.8 after recodification] is part of the previous regulation, and refers 

to limits after May 1, 1999. Section 716.7(b) is an amendment, and refers to limits after 

March 1, 2011. The exemption in §716.9 only applies to the amendment, so the 

Department disagrees with the commenter and will not make the suggested revision. 

Comment 4z: §716.14 [§716.20 after recodification] – The CTG does not require continuous 

monitoring; this should be indicated in the rule, as suggested.

Response 4z: Again, the language is from the existing regulation, so is in the SIP. Section 716.14 

[§716.20 after recodification] applies only to persons to which §716.10 [§716.16 after 

recodification] applies, and §716.10 [§716.16] applies only to major sources. Only major 

sources are required to monitor continuously, and even then, only when a unit is 

operational (see part b).

Comment 4aa: §716.18 [§716.24 after recodification] – The section serves no clear purpose and should 

be deleted or revised to remove references to “emulsions,” as suggested.

Response 4aa: See Response 4p.

Comment 4bb: §716.19 [§716.25 after recodification] – An alternative applicability determination needs 

to be provided that allows the printer to simply track material use and calculate 

emissions; note additional threshold request and suggested revisions.

Response 4bb: See Response 4t. The reporting requirements were suggested in the Offset Lithographic 

and Letterpress Printing CTG, which did go through a public notice and comment period. 

Section 716.19 [§716.25 after recodification] states that smaller sources only need to 

maintain records that demonstrate that emissions are below the applicability threshold; it 

does not say how this needs to be done. Nonetheless, the Department has added a phrase, 

“or that material use is beneath a threshold that meets the compliance requirements,” to 

emphasize this point. 

5. Jamie Pierce, Walter Reed Army Medical Center, September 13

Comment 5a: Section 715.2, states that, “RACT shall be applied if the theoretical potential plant-wide 

emissions are, or have ever been, greater than or equal to twenty-five (25) tons per year.” 

There is no mention of the time period that “or have ever been” applies to. WRAMC has 
been in operation since 1908, and at one time had a gasoline station on site. What is the 

time period this refers to?

Response 5a: The revised §715 retains language from the existing provision. 

The Department believes that it is reasonable to conclude that “or have ever been” 

applies as long as the Clean Air Act threshold of 25 tons per year (tpy) has been in effect. 

Our understanding is that the 25 tpy threshold went into effect as a result of the Act’s 

1990 Amendments. In other words, a gas station on site operated prior to 1990 is no 

longer a concern to the Department for purposes of RACT.

Comment 5b: WRAMC has emergency generators on site. WRAMC’s Title V permit item 3.c states, 

“each of the generators must operate less than 500 hours per any consecutive twelve 

month period.” Does this constitute an “operational limitation” since the Title V permit 

is “federally enforceable”? See additional discussion.

Response 5b: As much as possible, the Department tried to retain the language of the previous version 

of §715 on RACT. Section 715.3(c) is directly from the previous version of §715.

The Department intends for §715 to apply to major sources only, based on a source’s 

theoretical potential to emit before add-on controls. Emergency generators that operate 

less than 500 hours in a year are not a part of the Title V permit. The Department 

believes the 500-hour limit does constitute an “operational limit”. RACT can be avoided 

for emergency generators that operate less than 500 hours a year.

Comment 5c: See suggested revision to §715.3(c) to change “may not be avoided unless” to “is not 

applicable if”.

Response 5c: The suggested revision has been made.

6. D. Douglas Fratz, Joseph T. Yost, Consumer Specialty Productions Association (CSPA), 

September 13

Comment 6a: CSPA supports consistent consumer products regulations throughout the OTC; therefore, 

CSPA offers general support for the Department’s proposed amendment.

Response 6a: N/A

Comment 6b: The Department should revise §719 to be consistent with the parallel provision in the 

OTC model rule; it omits important reference to the exemption section in §721. See 

suggested revision.

Response 6b: See Response 3a. The exemption in question can be found in §720.1. 

Comment 6c: CSPA supports the proposed effective date for the new VOC limits set forth in §720. 

Member companies have already taken the necessary actions to reformulate their 

products to comply with comparable final regulations. CSPA cautions that other 

companies (that are not CSPA members) need a more reasonable amount of time to 

ensure that their products comply.
Response 6c: The Department agrees that March 1, 2011, is a reasonable effective date because 

neighboring states have adopted similar regulations prior to this date. (For example, the 

effective date in Maryland was January 1, 20094.) Companies that ship to those states 

should have reformulated products, and should be fully aware of the OTC Model Rule 

and the fact that other states in the OTC and the Department have agreed to adopt it.

Comment 6d: The Department should include the provision of the OTC model rule that provides a clear 

and unambiguous statement that the VOC limits apply to products manufactured on or 

after a specified effective date. See suggested revision.

Response 6d: See Response 3b. The Department has added provisions to §720 to remove any possible 

ambiguity, in response to requests by several commenters.

Comment 6e: CSPA recommends that the Department consider a reasonable technical amendment to §§ 

721.1(l) and 735.2 clarifying which product are included in an Alternative Control Plan. 

(1 – Before granting an ACP, CARB carefully weighs the environmental benefits against 

the environmental deficits. 2 – As currently drafted, the Department’s proposed ACP 

provision may have the unintended effect of limiting the environmental benefits.) See 

discussion and suggested revision.

Response 6e: See Response 3c. The requested changes to §§ 721.1(l) and 735.2 have been made. 

Also, note that §735.3 already allows manufacturers granted an ACP in California (e.g. 

regardless of limits in the Table of Standards) to apply to the Department for an ACP 

Agreement.

The Department has revised the ACP requirements as suggested to clarify which ACP 

products within a CARB ACP Agreement must be contained in the Table of Standards. 

The intended effect is to ensure that a manufacturer with an approved ACP in California 

that may include one or more products not regulated in the District, but which is still 

producing a net environmental benefit, would not inadvertently be denied an ACP in the 

District.

Comment 6f: CSPA recommends that the Department consider eliminating §§ 727 and 728 since the 

proposed regulatory action will produce minimal, if any, reductions in VOC emissions. 

(These sections were considered “optional” provisions of the OTC model rule.) Two of 

the three chemical compounds of concern (methylene chloride and perchloroethylene) are 

exempted from the definition of “VOCs”, since these compounds have very low 

photochemical reactivity.

Response 6f: The Department anticipates stricter ozone standards in the future, and does not agree that 

banning the use of such products containing methylene chloride, perchloroethylene, or 

trichloroethylene is unwarranted. As noted by the commenter, nine states have 

promulgated final OTC-based regulations that include the “optional” prohibition in the 

same seven consumer product categories. Please note there is a sell-through period for 

all seven categories.

Comment 6g: In the alternative, if the Department retains the restrictions in the final rule, the 

Department should revise §§ 727 and 728 to be consistent with parallel provisions in the 

OTC model rule and final regulations promulgated by OTC states. (1 – The Department 

 

4

http://www.dsd.state.md.us/comar/comarhtml/26/26.11.32.04.htm
should cite the effective date of the prohibitions contained in §727.1. 2 – While three 

states impose no sell-through limit, the OTC Model Rule and final regulations 

promulgated by five states provide a three-year sell-through period). See discussion and 

suggested revisions.

Response 6g: 1 – The effective date listed in the OTC Model Rule was January 1, 2009. The 

Department’s regulation will not go into effect until much later, so companies have had 

adequate time to anticipate potential regulation, effective upon promulgation. 

Nonetheless, the wording “effective March 1, 2011” has been added to §727.1.

2 – The current sell-through dates in the proposed amendment (e.g. in §§ 727.2, 727.3, 

728.2, and 728.3, as of January 1, 2012; in §§ 727.3(b) and 728.3(b), as of June 30, 2011) 

are consistent with the dates in the OTC Model Rule and in the neighboring state of 

Maryland, so the Department does not believe it is necessary to extend the sell-through 

period another three years. The commenter acknowledges that the current sell-through 

date was included in the text of the Department’s 2007 proposed regulation. (At the time, 

the sell-through period was three years. That does not require that the sell-through period 

continue to be three years.)

Comment 6h: The Department should provide a more reasonable amount of time for companies to 

comply with the requirements of §732.7. The suggested revision limits only a company’s 

duty to provide an explanation of the date-code, and will not change the requirement for 

companies to comply with the applicable VOC limits on March 1, 2011. See suggested 

revision.

Response 6h: See Response 3d. The suggested revision to §732.7 has been made.

Comment 6i: CSPA urges the Department to clarify that this requirement applies only to manufacturers 

that have not previously filed an explanation of their date-codes.

Response 6i: See Response 3e. A revision to §732.7 has been made.

Comment 6j: The Department needs to make a technical correction to the effective date for FIFRAregulated products in §§ 732.11 and 732.12. See suggested revision.

Response 6j: The Department agrees that this technical error was inadvertent and that a correction is 

necessary to maintain consistency with §722.1; the suggested revisions to §§ 732.11 and 

732.12 have been made. See Response 9a.

7. Heidi McAuliffe, American Coatings Association (ACA), September 13

Comment 7a: Consumer products – DDOE should incorporate the sell-through language from the OTC 

model rule for consumer products. (When the OTC revised the Model Rule in 2006, they 

clarified the intent of the language in §719.1 and how that language interfaces with the 

date-code requirement.) 

Response 7a: See Responses 3b and 6d. Sections 720.2 and 720.3 have been added to address this 

comment made by several commenters. 

Comment 7b: Consumer products – The sell-through period for contact adhesives (§727.2) and 

adhesive removers (§728.2) should be consistent with the OTC Model Rule’s sell-
through period. Nowhere in the Model Rule is there any type of sell-through that is less 

than one year. ACA urges DDOE to re-evaluate the issue and use the proposed option in 

the OTC Model Rule as a basis for new language. See suggested options.

Response 7b: See Responses 6f and 6g. The Department believes these sell-through dates are 

reasonable, particularly since Maryland5and other states in the region have adopted the 

same sell-through date. Being in the same nonattainment area, it would not be beneficial 

for the District to have a different sell-through date. Although the sell-through will be for 

less than one year by the time the rule is in effect, the final sell-through date was in the 

model rule, and was included in the Department’s proposed regulation. 

Comment 7c: Consumer products – In §732.7, adjust the date that the date-code report is required to be 

submitted. ACA recommends that such a submittal be provided to DDOE within six 

months after the effective date or after the rule becomes final.

Response 7c: See Responses 3d and 6h.

Comment 7d: Adhesives and sealants – There are several entries in the Table (§744.2) that are not in 

the OTC Model Rule but are in EPA’s CTG. There is some concern that there has not 

been sufficient opportunity to discuss the definitions of these categories and proposed 

limits.

Response 7d: The Department chose to incorporate the CTG limits, which have been through EPA 

public notice and comment. (See 73 Fed. Reg. 40230 for the public notice; EPA-HQOAR-2008-0460-0036 of the docket for a response to comments.) Definitions have been 

added to §799 or adjusted to accommodate the CTG. The Department anticipates that the 

OTC will likely discuss these limits and definitions in a future rulemaking, and will 

consider revising the regulation as necessary when a future model rule becomes 

available.

Comment 7e: In the Table in §744.2, it appears there may be a typographical error in the VOC limit for

plastic cement welding adhesives. In the OTC Model Rule and the CTG, the limit is 510 

grams per liter. In the proposed regulation, it’s 500.

Response 7e: The VOC limit for plastic cement welding adhesives was not a typographical error, but 

the Department now agrees that a limit of 510 gram per liter for the category is 

reasonable, so the suggested change to the Table in §744.2 has been made.

During internal review, it was noted that the OTC term “plastic cement welding 

adhesive” means the same as the CTG term “plastic solvent welding adhesive.” In the 

table, references to “plastic solvent welding” were changed to “plastic cement welding.” 

In the adhesives section of the table (Category 1), four types of plastic cement/solvent 

welding adhesives are mentioned: ABS welding, CPVC welding, PVC welding, and 

“other plastic cement/solvent welding”. The limits for ABS, CPVC, and PVC welding 

were maintained. The “other plastic cement/solvent welding” category was replaced with 

“plastic cement welding (except ABS, CPVC, and PVC)”. The Department initially 

proposed 500 for plastic cement welding (except ABS, CPVC, and PVC) to offset the 

490 limit for CPVC and the 510 limit for PVC.

 

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8. David Kaczka, Bureau of Engraving and Printing (BEP), September 13

Comment 8a: Is §710.5(e) [§716.11(b) after recodification] intended to apply to non-heatset offset 

lithography?

Response 8a: Yes, the clarification has been made to §710.5(e) [§716.11(b) after recodification]. 

Comment 8b: Is §710.9(b) [§716.5(a) after recodification] intended to apply to specific non-heatset 

offset lithography printing methods, or to all non-heatset printing methods? If it is just 

specific methods, these should be added.

Response 8b: The intent is for §710.9(b) [§716.5(a) after recodification] to apply to non-heatset offset 

lithography printing methods. The clarification has been made to §710.9(b) [§716.5(a)]. 

Comment 8c: Section 710.12 [§716.14 after recodification] appears to be inconsistent with and 

potentially in conflict with §716.10 [§716.16 after recodification]. Section 710.12 

[§716.14] effectively requires controls for all heatset ovens (at a facility to which 

§710.1(a) or (b) applies). Sections 716.10 through 716.14 [§§ 716.16 through 716.20 

after recodification] apply to heatset web offset lithography or heatset web letterpress 

printing operations with a theoretical PTE of more than 25 tons per year of VOC before 

controls; the sections could arguably be considered less stringent than §710.12 [§716.14]. 

Refer to BEP recommendations to include a de minimis threshold for controls in §710.12 

[§716.14].

Response 8c: Aside from the part referring to §716, §710.12 [§716.14 after recodification] retains 

existing provisions. Note that §710.13 [§716.15] provides alternatives to complying with 

§710.12 [§716.14].

The Department believes that §710.12 [§716.14] was intended to apply to major sources 

only, as suggested by the applicability section in §710.1(a) (see preamble for an 

explanation). The Department interprets “any heatset oven” to mean any dryer at a 

heatset web offset lithography or heatset web letterpress printing operation. To respond 

to one of the commenter’s follow-up questions, in other words, §710.12 [§716.14] is not 

intended to apply to dryers at smaller heatset intaglio printing operations.

[NOTE: The recodified §716.14 is kept separate from §716.16(a) because §716.14 only 

applies to dryers at BEP, while §716.11 applies to inks at BEP. Section 716.16 applies to 

both dryers and inks.]

Comment 8d: Section 716.5(a) [§716.6 after recodification] for non-heatset and coldset web printing is 

unclear. BEP recommends modifying the text to make it similar to that found in 

§716.5(b)(3) [§716.6]. They would like an alternative option “to achieve an equivalent 

level of control” for fountain or dampening solutions used in non-heatset or coldset web 

printing, in case in the future they decide to operate such a press with an alcohol 

substitute that does not contain VOCs.

Response 8d: The current dampening and fountain solution options in §716.5 [§716.6 after 

recodification], are those suggested by EPA in the Offset Lithography and Letterpress 

Printing CTG (page 15). But, the Department does not see harm in adding an option to 
achieve an equivalent level of control to §716.5(a) [§716.6]. The suggested revision has 

been made. 

9. Chris Cripps, U.S. Environmental Protection Agency, Region 3, September 13

Comment 9a: The one major comment has to do with proposed §§ 732.11 and 732.12. Now that 

January 1, 2010, is in the past (it was not during EPA’s review of the draft), the proposed 

regulation would be retroactively applicable. EPA believes the Department needs to look 

long and hard at its authorization if any to promulgate a retroactive rule. A retroactive 

rule could impair or impede EPA’s ability to approve the rule into the SIP if the 

Department lacks express authorization.

Response 9a: See Response 6j. The Department has noted the error and has changed the “January 1, 

2010” to “March 1, 2012.” 

Comment 9b: In §732.13(c), a cross citation is made to §732.12. Please note comments and check for 

proper citation.

Response 9b: Agreed; the reference to §732.12 has been changed to §732.13(a).

Comment 9c: In §735.10(e), a cross citation is made to §735.17. Please note comments and check for 

proper citation.

Response 9c: The Department intended to adopt the OTC Model Rule as written, which does refer to 

§735.17. The coinciding section of the OTC Model Rule, however, is prefaced with a 

title that this proposed regulation does not include: “Cancellation of an ACP.” 

Based on our reading, §735.10(e) refers to three situations: the expiration or trade of 

surplus reductions or the cancellation of the ACP. It does not solely refer to the 

cancellation of the ACP. All three situations are addressed in §735.17. Minor 

adjustments have been made to §735.10(e) to clarify this intent.

Comment 9d: In §735.11(b)(4), cross citations are made to §§ 735.4(g)(3) and 735.4(g)(4). Please note 

comments and check for proper citation.

Response 9d: The OTC Model Rule reference to section 11(c)(1)(vii)(d) is equivalent to §735.4(g)(4) 

and (5). Changes have been made to reflect the intended reference.

Comment 9e: To be consistent with other provisions, §744.4 could be prefaced, as suggested.

Response 9e: In §744.4, the Department accurately adopted the language of the OTC Model Rule. 

Nonetheless, the preface, “Except as provided in §§ 744.5 and 745” has been added. 

Adding “and §745” was not suggested by the commenter, but this approach is consistent 

with that in §744.2. The Department agrees that §744.5 refers to both §§ 744.2 and 

744.4. Section 745 lists additional exemptions for both surface preparation and cleanup 

solvents, and adhesives and sealants and their primers. So, adding the entire preface is 

appropriate.

Comment 9f: Likewise, §744.5 should include “surface preparation” and “cleanup solvents” in its 

listing of standards, as suggested.
Response 9f: The Department understands the point, but is not convinced that the suggested change 

would continue to reflect the intent of the OTC Model Rule, so would prefer to keep the 

section as written. Section 744.5 provides the option to use add-on equipment to control 

the use of adhesives, sealants, adhesive primers, and sealant primers. It does not state 

that add-on equipment can be used with surface preparation and cleanup solvents; it only 

implies that the provisions of §744.4 can be met by using add-on controls.

Comment 9g: Section 745.4 provides for a “use” exclusion from the provisions of §§ 744.1 and 744.4, 

but the prohibition in §744.1 is not a “use” provision. See suggested revision.

Response 9g: The Department accurately adopted the language of the OTC Model Rule, but agrees 

with EPA’s comment. As suggested, the Department has changed the reference to §744.1 

to §744.2.

Comment 9h: Section 765.3 sets emission control requirements “in addition to the requirements of 

§765.1.” Please note comments and see suggested citation revision.

Response 9h: Agreed; the Department has changed the reference from §765.1 to §765.2.

Comment 9i: The third sentence of §778.2 should make a provision to clearly not preclude the use of 

methods identified in §778.5(h). Note comment and see suggested revision.

Response 9i: The Department added language to §778.2 to more directly reflect the language of the 

OTC Model Rule (i.e. to refer to §§ 778.5(j) and 778.5(h)(3), where SCAQMD Methods 

are adopted by reference). There is no clear need to reference all of §778.5(h) in §778.2, 

since parts (1) and (2) of §778.5(h) incorporate BAAQMD Methods by reference, and 

BAAQMD Methods are not referred to in §778.2.

Comment 9j: The first sentence of §778.5 ought to be amended. Note comment and see suggested 

revision.

Response 9j: The Department added language to more directly reflect the language of the OTC Model 

Rule, and to clarify that test methods in §778.5 shall be used to test coatings subject to 

the provisions of the entire AIM rule (§§ 773 to 778), not just “this section.”

Comment 9k: Note comments about several cross citations in the definitions (§799) and see suggested

revisions.

Response 9k: a. Coatings – both definitions are very similar, so instead of prefacing one with the 

suggested revision, one of the two definitions has been deleted. Formatting has 

been fixed as well.

b. The suggested revision to the definition for “exempt compound” has been made.

c. ASTM methods are mentioned in §773.2, but are incorporated by reference more 

directly in §778.5. Citations have been changed to §778.5 in the following 

definitions: fire-resistive coating; fire-retardant coating; flat coating; pretreatment wash primer; and specialty primer, sealer, and undercoater. Citations 

to §778.5 have been added to the following definitions: non-flat coating, non-flat 

high gloss coating, quick-dry enamel, quick-dry primer sealer and undercoater.
d. See Response 9k(c).
20 DCMR Chapter 7, Proposed VOC Regulations

COMMENT PERIOD: AUGUST 13, 2010, TO SEPTEMBER 13, 2010

(AS OF MARCH 7, 2011)

Printing and Graphics Association Mid-Atlantic (PGAMA),

October 26 Comments/Response

Comment 1: The commenter acknowledges changes made to §§ 710 and 716.

Response 1: N/A

Comment 2: (Similar to Comments 4q and 4r in the 10/2010 Response to Comments (RTC) 

document.)

If DDOE has no intention of making §715 specific to any industry, then EPA-approved

capture efficiency and retention factors specific to the printing industry should be 

included in a new §716.26, as suggested. The appropriate factors need to be formalized 

in the rule to save administrative time and costs for DDOE and the printing industry. 

In addition, guidance should be included that recognizes EPA’s guidance on how to 

calculate actual and potential emissions.

Response 2: The Department would prefer to evaluate proposed methodologies for calculating 

potential and actual emissions on a case-by-case basis during the permitting process, so 

will not adopt the proposed §716.26. The suggested EPA guidance will be mentioned in 

the preamble to the rule, but the Department may not adopt the suggested methodologies 

when they are deemed unfit in a particular situation.

The methodology for determining theoretical PTE, proposed as §716.26(a), is an 

alternative to the methodology in §715.1. As it is currently proposed (i.e. after Response 

3(b) is in effect), §716.1(a) refers to the methodology in §715.1, as it did prior to the 

recent amendments. However, the Department would consider any calculations based on 

EPA guidance presented to it.

The retention factors and capture efficiencies presented as §716.26(b) through (d) for 

determining actual emissions do not address what happens to VOC over time. For 

example, inks used to print money may continue to release VOC after production. Again, 

the Department would consider any calculations or methodologies based on EPA 

guidance presented to it. Evaluating them on a case-by-case basis would allow the 

Department to consider all factors relevant to a specific source at the time of review.

Comment 3: Despite edits, §716.1(a) is still confusing. See suggested revisions.

a. If emissions are based on the printing operation, it is unclear why the section 

requires calculation of the source’s theoretical PTE.

b. The section should refer to the method of calculating theoretical PTE emissions 

in §715.1.

c. The previous requirement was based on a threshold of 25 tpy theoretical PTE, 

and the current requirements are based on a threshold of 3 tpy actual emissions. Since 
the current requirement is more stringent, DDOE should indicate that (a) applies prior to 

March 2011.

Response 3: a. As noted in Response 4s of the 10/2010 RTC document, the Department intends

for §716.1(a) to apply to any printing operation (i.e. the press and its associated 

processes) that meets the description and threshold. A printing operation includes the 

plant and the individual pieces of equipment, plus each operation used in connection with 

printing. However, a printing operation may be part of a larger source. The Department 

would like to clarify but maintain the original intent of the section: if a stationary source 

is major, then any printing operation that is part of that source is also major, even if that 

printing operation alone does not emit VOCs in amounts that exceed the threshold. The 

suggested clarification was not adopted. Instead, the term “that is part of any source” 

was added back to the section, and the term “stationary” was added to that phrase. 

The term “stationary source” is defined in §199 as, “a building, structure, facility, 

installation, or group of buildings, structures, facilities or installations that emits or may 

emit any air pollutant subject to regulation under the federal Clean Air Act or this Title.” 

b. In §716.1(a), reference to §715.1, more specifically, has been added.

c. In light of clarifications made in Response 3a, the suggestion that theoretical PTE 

requirements exist only “prior to March 1, 2011” is not correct. Any printing operation 

that is part of a major stationary source must comply with the requirements of §716.

Comment 4: As stated in the previous PGAMA letter (Comment 4t in the 10/2010 RTC document), 

the 15 lb/day threshold in §716.1(b) and (c) is technically and economically burdensome 

to small printing operations. PGAMA requests the equivalent threshold of 3 tons per 12-

month rolling period, an option contained in the 2006 CTG, be used in this rule. Note 

that the previously existing RACT rule was based on an annual PTE, therefore, the 12-

month rolling period is equally valid.

Response 4: The CTG gives States the option of choosing an applicability level “that they determine 

[is] appropriate considering the facts and circumstances of the sources in their particular 

nonattainment areas.” The 15 lb/day applicability limit for actual VOC emissions is used 

throughout the Department’s VOC regulation, not just in §716. It would be inconsistent 

to change the requirement for printing operations subject to §716.

Response 4t in the 10/2010 RTC document notes that the Department’s main concern is 

emissions during ozone season. The goal of this section is to avoid the potential situation 

where a source or printing operation emits VOCs during one month of a year, and closes 

the rest of the year. This is difficult to check with a yearly threshold. 

PGAMA has expressed concern that a daily standard would require daily recordkeeping. 

Daily calculations would be inaccurate, since materials are generally ordered in bulk and 

used over periods of time. 

The Department acknowledges that §716.1(b) and (c) state that 15 lb/day “or an 

equivalent level” are acceptable. According to the CTG, an equivalent applicability level 

would be 450 lb/month (15 lb/day * 30 days), or 3 tons on a 12-month rolling basis (450 

lb/month * 12 mo/year * 1 ton/2000 lbs = 2.7 tons/year). The emissions levels in the 

CTG are based on averages.
The recordkeeping provision in §716.25 does not specifically state that the daily standard 

requires daily recordkeeping, although records must “clearly demonstrate” compliance in 

a time frame “consistent with the averaging period of the standard.” To clarify this 

intent, in §§716.1(b) and (c), the Department has replaced the phrase “or at an equivalent 

level” with “on a monthly average basis.” It would be acceptable to record monthly 

emissions or material use levels to derive a daily estimate that meets the daily threshold 

(e.g. to gather monthly records and divide by the number of days per month, instead of 

going through the trouble of obtaining daily records). Monthly record-keeping would 

allow for a more accurate estimation of monthly or ozone season emissions than yearly 

averages.

Comment 5: It is essential that §716.3 state that lithographic coatings are not regulated elsewhere, 

since they are not specifically regulated in §716. See suggested revision.

Response 5: The commenter has a point; although the intent of the regulation was discussed in 

Response 4u of the 10/2010 RTC document, lithographic coatings and varnishes are not 

“specifically controlled by the requirements of this Section” or by the definition of 

“printing operation” in §199. 

As suggested, to further clarify the intent of the regulation, the definition of “printing 

operation” in §199 has been revised and subsequently moved to §799 to apply more 

specifically to VOC emissions.

Comment 6: Section 716.6(a) was changed in a way that makes it redundant. See suggested revision.

Response 6: The suggested revision has been made.

Comment 7: The 30 percent limit in §716.8(a) should be deleted. It was based on a limit proposed in a 

1993 draft CTG. Materials that meet that limit were tested but were deemed ineffective, 

so are not being used by the industry. The 2006 CTG did not include this limit. The 

suggested changes would create a level of control equal to the previous limit.

Response 7: As noted by the commenter, in the 2006 CTG, EPA suggests that “water-miscible 

cleaning materials with less than 30 weight percent VOC were developed and tested for 

offset lithographic printing in the early 1990’s...[but] did not provide adequate 

performance and therefore they are not being used by the offset lithographic printing 

industry today.” 

Even though the 30 percent limit has been in the rule for years and is in the SIP, the 

Department does not believe that removal of the 30 percent requirement would constitute 

backsliding if facilities realistically cannot meet the requirement. Section 716.8(a) has 

been revised to delete option 1, but retain option 2. Major sources are still required to 

meet the composite vapor pressure requirement in part (a). Operations that emit over 15 

lb/day VOC on a monthly average basis may comply with either the 70 percent limit or 

the vapor pressure requirement.

Comment 8: If the Department agrees to the suggested changes in §716.8, reference to part (b) in 

§716.10 needs to be edited.

Response 8: The Department is retaining part (b) in §716.8.
Comment 9: The suggested clarifications about continuous monitoring should be made to §716.20: 

(1) while continuous temperature monitoring of a unit in operation is required, 

continuous monitoring of the negative air pressure flow into the dryer is not; and (2) 

temperature data recordings can take place every 15 minutes.

Response 9: The suggested revisions appear to clarify inherent requirements of the CTG and related 

technical documents. 

According to the June 2007 TSD for Title V Permitting of Printing Facilities 

(www.epa.gov/ttncaaa1/t5/memoranda/tsd.pdf, page 53), referred to in the CTG, 

temperature monitoring devices are required to, “collect at least 4 evenly-spaced 

temperature readings per hour of process operation in order to have a valid hour of data.” 

The request to clarify that temperature recordings take place “every 15 minutes” has been 

granted.

The same TSD document (page D-23) suggests that the dryer system and airflow are 

integral to press design. A press will not operate correctly if dryer airflow is not above a 

level specified by the manufacturer. According to the CTG for lithographic and 

letterpress printing (page 19), EPA does not recommend conducting a capture efficiency 

test because as long as the dryer is operated at negative pressure (in other words, is 

working properly), it can be assumed that the capture efficiency is 100 percent. These 

documents verify that continuous monitoring of dryer airflow is not required. Please 

disregard the part of Response 4z in the 10/2010 RTC document that states that “only 

major sources are required to monitor continuously.” If a recorder breaks, it is possible 

to go into manual mode. But, the Department would prefer to ensure that the equipment 

is functioning properly. Instead of using the suggested language, the following phrase

has been added: “pursuant to a periodic monitoring strategy approved by the 

Department.” 

Comment 10: In §716.25, the commenter acknowledges that the regulation includes the option to 

determine applicability by using material use thresholds approved by EPA. To further 

aid small operations, PGAMA requests that the DDOE include the suggested specific 

material use thresholds to demonstrate that emissions are below the applicability 

threshold. As an alternative, PGAMA requests that a formal guidance document be 

issued by the DDOE, approving the suggested thresholds. 

Response 10: As mentioned in Response 4bb in the 10/2010 RTC document and referred to in 

Responses 2 above, the Department does allow the use of material use thresholds to 

determine applicability, but prefers to evaluate calculations on a case-by-case basis. The 

suggested EPA guidance is mentioned in the preamble to the proposed rule, but the 

Department may choose to not adopt the suggested methodologies when they are deemed 

unfit in a particular situation.

Comment 11: PGAMA offered definitions and revisions to definitions to facilitate the understanding of 

this rule.

Response 11: PGAMA’s comment encouraged the Department to examine the use and placement of 

numerous printing-related definitions in both §199 and §799.
The definition for “wipe cleaning” in §199 has been repealed, since it is no longer used 

anywhere in Subtitle A.

Some definitions that occurred in §199 have been repealed and added to §799, since §799 

is a more appropriate location for them:

- Control technique guideline;

- Cylinder-wipe;

- Heatset;

- Inking cylinder;

- Intaglio;

- Letterpress;

- Letterset;

- Offset printing process;

- Paper-wipe;

- Photochemically reactive solvent;

- Plate;

- Printing;

- Printing operation;

- Printing unit;

- Water-based solvent;

- Wiping solution.

The following definitions have been added to or revised in §799 based on comments:

- Alcohol;

- Alcohol substitutes;

- Cleaning solution;

- Fountain solution;

- Fountain solution reservoir;

- Heatset;

- Heatset dryer;

- Lithography;

- Non-heatset;

- Printing operation;

- Sheet-fed;

- VOC composite partial vapor pressure.

The definition of “offset” was not adopted, but instead was incorporated into the existing 

definition of “offset printing operation.” Likewise, the proposed definition of “press” 

was incorporated into the existing definition of “printing press.” The term “unit” was not 

adopted because there is similar existing term, “printing unit.”

The following definitions in §199 could not be repealed or moved to §799 because they 

are currently referred to in Appendix 5-1 only:

- Dampening solution;

- Flexography;

- Gravure;

- Ink;

- Offset lithography

The definition for “volatile organic compound” in §799, which references the Federal 

definition of the term, was repealed and moved to replace the definition in §199.
20 DCMR CHAPTER 7: Proposed VOC Regulations

COMMENTPERIOD: AUGUST 12, 2011, TO SEPTEMBER 12, 2011

Response to Comments* 

(As of September 2011)

* Please note that some of the comments in this document are paraphrased

1. Daniel B. Pourreau, Ph.D., Lyondell Chemical Company, August 18

2. Daniel B. Pourreau, Ph.D., Lyondell Chemical Company, September 9

Comment a: The Lyondell Chemical Company supports the language of the third VOC 

proposed rulemaking, and the changes to the VOC definition in particular.

Comment b: Lyondell Chemical Company supports the proposed revision to the VOC 

definition in §199. This change harmonizes the District’s VOC definition 

with the federal definition and that of 49 other states, including the 13 

OTC states.

Response a, b: Thank you for the comments.

3. John Ferraro, Roof Coatings Manufacturers Association

Comment c: RCMA agrees with ACA’s suggestion [see #5, comment f] that 

manufacturers should be allowed 180 days to respond to the information 

requested in the reporting requirements under §§ 777.1 through 777.6. 

Response c: See Response f. 

Comment d: RCMA also agrees with ACA’s suggestion [see #5, comment i] that 

exemptions under §775.1 should be applied to both architectural and 

industrial maintenance coatings.

Response d: See Response i. 

4. John Hopewell, American Coatings Association, September 12

Comment e: On page 4 of the proposal, it states [that the request to change emission 

limits for several pleasure craft coatings products] was denied. The ACA 

strongly urges the District to follow the Georgia Environmental Protection 

Department (GA EPD), which will make a negative declaration in the SIP 

with response to the Pleasure Craft CTG (EPA Miscellaneous Metal and 

Plastic Parts CTG, Sept. 2008). The GA EPD acknowledged ACA 

comments and noted the uncertainty of the technological feasibility in the 

pleasure craft CTG and, additionally, found that since there were no 

affected sources in the nonattainment area, there was no need to adopt the 

CTG.
Response e: The Miscellaneous Metal and Plastic Parts CTG applies to pleasure craft, 

but also to other metal and plastic components of the following types of 

products and the products themselves: fabricated metal products, molded 

plastic parts, small and large farm machinery, commercial and industrial 

machinery and equipment, automotive or transportation equipment, 

interior or exterior automotive parts, construction equipment, motor 

vehicle accessories, bicycles and sporting goods, toys, recreational 

vehicles, extruded aluminum structural components, railroad cars, heavier 

vehicles, lawn and garden equipment, business machines, laboratory and 

medical equipment, electronic equipment, steel drums, metal pipes, and 

numerous other industrial and household products. The Department does 

not plan to submit a negative declaration for the CTG.

Since the Department remains unaware of pleasure craft coatings activity 

in the District, and since pleasure craft coatings limits are not specifically 

delineated through the “blanket” adoption of the CTG, it would be 

burdensome to revise limits specific to the pleasure craft industry at this 

time. The Department appreciates the comment, recognizes that 

feasibility of the technology requirements in the pleasure craft CTG is 

uncertain, and welcomes any source that may be applicable in the future to 

propose an alternative compliance option, in accordance with §§ 714.4 or 

714.6.

5. David Darling, P.E., American Coatings Association, September 12, 2011

Comment f: ACA suggests allowing a coatings manufacturer 180 days to respond to a 

request under §§ 777.1 to 777.6, consistent with other State AIM rules.

Response f: Under §§ 777.1 through 777.6, the Department requires a report “upon 

request”. Since there is no specific time provided for a response, the 

Department is not opposed to working with the manufacturer to determine

what a reasonable amount of time would be when requesting a report.

Comment g: ACA supports the proposed revision to §700.1.

ACA is concerned that the proposed §708.1 requirement would apply to 

all sources including AIM coatings. Even if compliant AIM coatings are 

used, it’s possible that a large painting project could result in a discharge 

of nonphotochemically reactive solvents; as such, ACA suggests including 

language.

Response g: The suggested clarification, which retains the intent of the existing 

regulation, has been added in §708.1.
Comment h: Consistent with other AIM rules, ACA suggests including high gloss 

coatings in §774.7.

Response h: The suggested changes are unnecessary because a “non-flat high gloss 

coating” is a type of non-flat coating, and non-flat coatings are addressed 

in §774.7. The proposed language already addresses non-flat high gloss 

coatings.

Comment i: Consistent with other AIM rules, ACA suggests the exemptions in §775.1 

(for §§ 773 through 778) apply to both architectural and industrial 

maintenance coatings.

Response i: The suggested changes are unnecessary because an “industrial 

maintenance coating” is a type of architectural coating, and architectural 

coatings are addressed in §775.1. The proposed language already applies 

the exemptions to both architectural and industrial maintenance coatings. 

Comment j, k: ACA suggests changes to §778.2 to include more recent test methods for 

exempt solvents, and edits to §778.5.

Response j, k: Note that §778.3 allows for the use of alternative test methods when a 

request to use an alterative test is made and then approved. The suggested 

changes have not been made to §§ 778.2 or 778.5.

Comment l: ACA suggests that combining all of the definitions from all of the rules in 

§700 is confusing and makes the rule unnecessarily complex, especially in 

cases where the definitions could potentially overlap. ACA suggests 

including definitions specific to each rule within the actual rule (including 

all AIM definitions within the AIM rule).

Note that the definition for “exempt compound” refers to the definition of 

“VOC”, but VOC is not defined in Section 799.

Response l: The District’s standard rulemaking procedure is to place definitions at the 

end of chapters.

Definitions of terms that apply to more than one Chapter can be found in 

Chapter 1. For example, “VOC” is defined in §199. Note the proposed 

revision to the definition of VOC on page 5 of the third proposed 

rulemaking.

Comment m: Many of the test methods in §799 refer to dated ASTM Methods. ACA 

suggests the District utilize the more up-to-date ASTM Methods cited in 

the most recent OTC AIM Model Rule that was adopted on June 3, 2010.

Also, see the suggested change to the definition of “architectural coating”.
Response m: The clarifying revision to the definition of “architectural coating” has been 

made.

It is unnecessary to revise the definitions in §799 because §778.3 allows 

for the use of alternative test methods when a request to use an alternative 

test method is made and approved.

The rulemaking to adopt the 2002/2006 OTC model rules was first 

proposed in 2007. The OTC model rule that the commenter refers to as 

“adopted on June 3, 2010,” is still in draft form. (On June 3, 2010, OTC 

member States signed an MOU to continue to work with interested 

stakeholders and pursue state-specific rulemakings to reduce emissions 

from the AIM coatings sector, among others, but the revised AIM rule has 

not been finalized.) The Department will consider adopting updates only 

when both this proposed VOC rulemaking, which adopts older model 

rules, and the revised OTC AIM Model Rule are final.

Comment n: As ACA described in our comment letter dated January 5, 2011, cleaning 

solvents that meet the stringent content limit of 50 g/L and/or a composite 

vapor pressure of less than or equal to 8 mm Hg would not allow effective 

cleaning at coatings, inks, adhesive and resin manufacturing operations. 

ACA recommends that the District exempt coatings, inks, adhesives and 

resin manufacturing operations from §700 or adopt the “Wisconsin 

Language” solvent cleaning provisions, as included.

Response n: The Department remains unaware of coatings, inks, adhesives, and resin 

manufacturing operations in the District.

If such an operation does come to the District and is unable to comply 

with the limits in §770.5(a) or §770.5(b), note that it would be possible to 

propose alternative RACT under §715.

The Department anticipates revisiting the commenter’s concerns during 

adoption of the 2009/2010 OTC model rules.

6. Marcia Y. Kinter, Specialty Graphic Imaging Association, September 12

Comment o: Under §770.9, the commenter requests that cleaning operations associated 

with digital printing operations be exempted. The Miscellaneous 

Industrial Solvent Cleaning Operations CTG does not identify digital 

printing as meeting the applicability requirements. When the CTG was 

released in 2006, EPA did not address emerging industry sectors. In the 

CTG, EPA states that, “the recommendations contained in this CTG are 

based on data and information currently available to EPA. These general 
recommendations may not apply to a particular situation based upon the 

circumstances of a specific source.”

Since 2006, digital technologies have been included in both solvent 

cleaning and graphic arts air pollution control standards in California. So 

that the burgeoning technology is not crippled, SGIA recommends that 

digital operations be exempted from the state’s proposed regulations for 

cleaning solvents.

Response o: If the CTG adopted in §770 is applicable to the digital technologies 

industry, and if such an operation does come to the District and is unable 

to comply with §770, note that it would be possible to propose alternative 

RACT under §715.

7. Heidi K. McAuliffe, American Coatings Association, September 12, 2011

Comment p: The standards in §744.1 and §744.2 must work together – the standards 

should apply to those products manufactured after January 1, 2012, and 

the use and application should also be tied to products manufactured after 

January 1, 2012. See the suggested language. Without this language, 

users and applicators may find themselves out of compliance and feel 

compelled to dispose of this product, creating unnecessary waste and 

emissions.

Response p: The suggested clarification (i.e., changing the placement of the applicable 

date) has been made.

Comment q: The proposed rule indicates that the DDOE is proposing a sell-through 

period for contact adhesives and adhesive removers that contain 

chlorinated compounds that is less than one year. Such a provision is in 

direct contrast with the OTC Model Rule. 

This is not a new comment. The previous response that the sell-through 

date was in the model rule, and was included in the proposed regulation 

has very little impact on multinational companies when they are 

distributing products in the marketplace.

The OTC Model Rule provides for two options to employ when 

considering the sell-through period, and nowhere is there any type of sellthrough that is less than one year. A nine-month sell-through is basically 

no sell-through at all. ACA urges DDOE to re-evaluate the issue.

Response q: The Department first proposed this rulemaking, which adopts 2002/2006 

OTC model rules, in 2007. The second proposed rulemaking with these 

same standards was published in 2010. Thus, the regulated industry has 

had adequate notice about the implementation of lower VOC standards. 
The Department urges any retail establishments with products remaining 

on their shelves to transfer the products to jurisdictions in areas in 

attainment of EPA ozone standards.

As an alternative, any person who cannot comply with the Consumer 

Products requirements may request a variance under §737. 

 

8. Joseph Yost, Consumer Specialty Products Association, September 12

Comment r: CSPA supports the majority of amendments that the Department included 

in the third proposed rulemaking.

Response r: Thank you for the comment.

Comment s: There is a legitimate need to formulate low-flammable general purpose 

degreaser products. There are limited situations when the use of 

perchloroethylene, methylene chloride, or trichloroethylene (i.e. 

chlorinated compounds) is necessary to produce low-flammability general

purpose degreaser products that can be used by facilities’ maintenance 

operations in which ignition sources may be present. There is a workplace 

safety concern that a spark from such ignition sources could cause a fire if 

it comes into contact with flammable vapors. Therefore, CSPA 

recommends that the Department withdraw the restrictions on general 

purpose degreasers in §727 of the final regulation.

Response s: Any person who cannot comply with the Consumer Products requirements 

may request a variance under §737.

Comment t: CSPA urges the Department to provide a more adequate amount of time 

for manufacturers and retailers to comply with the prohibitions and 

requirements set forth as §§ 727 and 728 to ensure that existing stock of 

non-compliant products are removed from store shelves in the District of 

Columbia.

The Department should provide a more adequate effective date for the 

new prohibitions.

The Department should provide a three-year sell-through period for 

products manufactured before the effective date for the new prohibition. 

See the suggested text.

Response t: Please refer to Response q.
Additional Notes

On March 24, 2011, a negative declaration was submitted to EPA for the following categories of 

sources of volatile organic compounds (VOCs) for which EPA issued a control technique 

guideline (CTG) document in calendar years 2006, 2007 and 2008: 

Auto and light-duty truck assembly coatings;

Fiberglass boat manufacturing materials;

Paper, film and foil coatings; and

Flatwood paneling.

This negative declaration was submitted to fulfill the requirement that, in the absence of sources 

in these source categories, the District of Columbia revise its State Implementation Plan (SIP) or 

submit a negative declaration for these categories pursuant to Section 182(b)(2)(A) of the Clean 

Air Act.